A common misconception when probating an estate is that only beneficiaries of the Will or those family members closest to the deceased person will be involved in the process. However, when an estate is probated, all of the legal heirs of the deceased person will be involved, even if their identity is unknown.
The legal heirs of an estate are those surviving family members in closest biological relation to the deceased person. When the deceased person has a spouse and children (or grandchildren if a child died first), those persons would be the legal heirs. If there are no spouse or children, then the legal heirs would be the deceased person’s parents, including a parent who may be unknown to the family. If the deceased person’s parents are not alive, then their siblings (or nieces/nephews if a sibling died first), would be the legal heirs. This tiered system continues down the family tree until a living family member is located. It is not atypical for first cousins to be the legal heirs.
While a legal heir would not inherit from an estate unless they are also a beneficiary of the Will, they would inherit from an estate if there is no Will. Either way, an heir is required to receive notice that the estate is being probated and copies of the relevant legal documents. A petitioner, therefore, must identify the heirs and provide their address or contact information for a probate petition to proceed. This can prove tricky when family members have not kept in contact, or there is little known information about the heirs, and it frequently causes delays in the probate process.
If you have estranged or unknown family members, it is worth considering estate planning options to avoid probate like a living trust or beneficiary designations for your accounts.