A comprehensive estate plan provides guidance for a straightforward estate administration process. When the decedent has provided clear written instructions regarding the distribution of their property and the support of their family members, personal representatives can use estate planning paperwork as a guideline.
When an estate plan does not include a will or similar testamentary documents, the process can quickly become more complex. Without specific instructions regarding the distribution of property, personal representatives must instead follow state law, which prioritizes the inheritance rights of close family members.
Heirs are those who have a legal right of inheritance due to their legal or biological relationships with the person who died if there is no will. Locating heirs is an important step during intestate estate administration.
How do people locate heirs?
Personal paperwork and incoming correspondence can help identify family members and prospective heirs. Once the courts appoint an individual to act as personal representative, their ability to open the mail, check financial records and otherwise examine the personal history of the decedent can help them locate siblings, parents and other family members protected by intestate succession laws.
In some cases, publishing notice of upcoming estate administration can prompt potential heirs to assert themselves. Other times, working with a professional to identify and locate heirs might be necessary. With the right assistance, a personal representative can find the people with the statutory right of inheritance and ensure their compliance with all relevant probate statutes.
Having legal guidance may make it easier to understand who has a right of inheritance and how best to identify those parties. Personal representatives often require legal support to fulfill estate administration responsibilities, and that’s okay.