Probate is a technical process that can quickly become a challenge. It can get more complex when a family discovers that their deceased loved one has a child no one else knew about.
In Washington, the law gives unknown heirs a fair chance to claim their share. If you are the decedent’s personal representative, understanding the requirements is critical for achieving a fair outcome for all heirs.
Exercising reasonable diligence
If the unknown heir was born after the decedent signed their will, they may have a share from the estate under the state’s law for omitted heirs. This means you cannot simply distribute their portion to the rest of the family. You have a fiduciary duty to find them.
State probate law requires you to conduct a diligent search, which may include:
- Document searches: Checking the decedent’s address books, contacts, letters and emails for leads
- Interviews: Contacting the decedent’s old neighbors, coworkers and long-time friends for additional information
- Professional help: Working with a forensic genealogist to track down the decedent’s family tree
Despite these methods, you may not find the missing beneficiary. Your next step is to use a Notice by Publication for notifying and inviting the heir to come forward.
Waiting for the unidentified relative to claim their share
Once you have performed the diligent search and publication requirements, the probate may move forward toward closing. Once the court issues a decree of distribution, the unknown heir cannot easily return and sue the estate or the other heirs to recover the property. This is because the law considers them to have been legally notified.
You also cannot keep the unknown heir’s share or give it to the other family members. You must report and deliver the property to the Washington State Department of Revenue as unclaimed. If no one claims the property after the required waiting period and all diligent inquiry has failed, the property escheats to the state permanent school fund.
Maintaining your fiduciary duties with help
The probate process can feel frustrating for the decedent’s heirs who are present. However, as the personal representative, searching for the unknown heir is essential. Skipping this could put you at a legal disadvantage.
If you are unsure how to proceed, seeking legal guidance would be wise. The technicalities of probate can be difficult to navigate, especially when complex issues arise.