Detailed Answer
Disclaimer: This article is for educational purposes only and is not legal advice.
Understanding Due Diligence in Indiana Probate
Due diligence requires a personal representative to take all reasonable steps to locate and notify heirs whose identities or addresses are unknown. Under Indiana law, you must document thorough, good-faith efforts before asking a court to allow alternative notice or to distribute assets.
Statutory Notice Requirements
If an heir cannot be served personally, Indiana Code mandates notice by publication. Specifically:
- IC 29-1-8-1: Publish notice once a week for three consecutive weeks.
- IC 29-1-8-2: Required content of the published notice.
Key Steps for Identifying Unknown Heirs
- Review decedent’s documents: wills, trusts, tax records, address books.
- Interview family and friends: gather names, dates of birth, last known addresses.
- Search public records: birth, marriage, death certificates via Indiana Vital Records.
- Check prior probate files: search court dockets in counties where the decedent lived.
- Use online resources: census data, genealogical databases, social media searches.
- Engage professionals: consider a genealogist or private investigator for distant or complex family lines.
Documenting Your Efforts
Maintain a detailed log of each effort: date, method, contact information, and results. Save copies of published notices, certified mail receipts, call logs and affidavits of due diligence. This record supports your request for court approval.
Helpful Hints
- Start searches immediately after appointment to avoid delays.
- Use certified mail for personal notice attempts to prove service or non-delivery.
- Keep a checklist of each heir-search step and update it regularly.
- Confirm key information with at least two independent sources.
- File an affidavit of diligent search with the court before requesting alternative notice.
- Consult the Indiana Rules of Probate Procedure for procedural details.