Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Florida law, a personal representative must take reasonable steps to identify and notify all heirs before distributing estate assets. The Florida Probate Code outlines both the methods and timing for notices to known and unknown heirs. See Fla. Stat. Ch. 733.
1. Research and Identification
- Review decedent records: wills, trust documents, address books, tax returns, and digital accounts.
- Interview family members, close friends, or employers.
- Search public records: birth and death certificates, marriage licenses, property deeds, and court filings.
- Utilize online genealogical databases and social media to locate potential heirs.
2. Notice to Known Heirs
Once heirs are identified, the personal representative must mail written notice within 30 days of appointment. See Fla. Stat. § 733.212(3)(a). Proof of mailing (return receipt) is critical.
3. Notice to Unknown or Unlocatable Heirs
If an heir’s name or address is unknown after reasonable inquiry, the representative must publish a notice in a newspaper of general circulation in the county where probate is pending once a week for two consecutive weeks. See Fla. Stat. § 733.212(3)(b). Publication creates constructive notice to unlocated heirs.
4. Supplemental Methods
- Post notice on the clerk’s online probate portal if available.
- Engage a professional genealogist or private investigator for in-depth searches.
- File an affidavit detailing all due diligence steps taken to locate heirs.
Helpful Hints
- Document every search step and save copies of correspondence and publications.
- Use certified mail with return receipt for known heirs.
- Check the Social Security Death Index and newspaper obituaries.
- Consult the county clerk for local publication rules and fees.
- Consider hiring a genealogical expert for complex family trees.