Unknown Addresses for Heirs
Transparency is one of the most important elements in a probate, estate, or trust case. If everyone has the information, accountings, and inventories in these cases there are fewer disputes and a more accurate administration of the case.
Many times a child or other family member can’t be found, which leads to many questions.
- “What happens next?”
- “Do we just try our best?”
- “Does the Judge not have a problem with this?”
- “Can we guess?”
Fortunately, there are rules to govern the situation when the whereabouts of an heir are unknown.
Final Settlement Notice
A notice of the final settlement of the estate needs to be published once a week for 3 consecutive weeks in the county where the probate was filed.
Affidavit Verified By Oath
An affidavit verified by oath which states the efforts made to make contact with the person needs to be prepared and filed. Typical efforts include contacting other family members, searching different internet websites, searching real estate records, and searching with paid search systems.
The attorney general must receive notice of the filings.
A non-appearance hearing is held after the previous steps are accomplished in order for the court to review.
If the Unknown Heir Still Cannot Be Found
Following the completion of these steps, if the unknown heir still cannot be found, the unknown heir’s funds are deposited into Colorado’s Unclaimed Property Fund through the treasury department. This money remains in this fund for 21 years, and if not claimed, the funds are distributed to Colorado Public Schools.
Following these steps can be complicated to properly close a probate case. If you have a probate, estate, or trust involving a person who cannot be located, please contact Rossi Law today.