Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Legal Framework
Under Hawaii law, probate administrators must take reasonable steps to locate and notify all heirs before the court can distribute assets. Hawaii Revised Statutes (HRS) §560:3-201 requires personal service or registered mail to known heirs. If an heir’s whereabouts remain unknown, HRS §560:3-304 permits notice by publication after demonstrating due diligence to find the heir.
HRS §560:3-201 – Notice of hearing on petition
HRS §560:3-304 – Notice by publication when interested persons cannot be located
Steps to Identify Unknown Heirs
- Review decedent’s personal records, including wills, address books and correspondence.
- Search public records: birth, marriage and death certificates; property deeds; voter registration.
- Consult online resources and genealogical databases (e.g., vital records indexes, Social Security Death Index).
- Interview friends, neighbors, co-workers and distant relatives for potential leads.
- Check social media profiles and professional directories.
- Engage a professional genealogist if family ties span multiple generations or jurisdictions.
Notifying Unknown Heirs
After exhaustive search efforts, file an affidavit with the probate court summarizing your identification steps. If heirs remain unlocated, petition the court for permission to publish notice. Typically, the court will require publication in a newspaper of general circulation in the county where the decedent last resided, usually once a week for three consecutive weeks. Retain copies of each published notice and file proof of publication with the court.
Helpful Hints
- Document every search effort with dates, methods and sources consulted.
- Use certified or registered mail when sending notices to last known addresses.
- Keep a detailed contact log for conversations with relatives or professionals.
- Verify publication requirements with the local probate clerk’s office.
- Consider online publication if permitted by court rule.
- Update the court immediately upon locating any previously unknown heir.