Identifying the parties with an interest in an estate is one of the most important parts of estate administration. Personal representatives or executors may review wills and other documents.
They may also need to publish notice to advise creditors and distant relatives of the upcoming probate proceedings. Depending on the circumstances, personal representatives may need to locate and communicate with either heirs or beneficiaries who have an interest in the estate.
What separates these two groups of people?
The decedent chooses their beneficiaries
Technically, adults have the right to control the descent of their property after their death. By creating a will or another testamentary instrument, they can designate specific people to inherit their property. Almost any person or business can be a beneficiary of an estate. People can leave property for their friends or for a charitable cause.
Heirs are different. They have a statutory right to inherit from the estate under the law. State statutes specifically name spouses, children and other close family members as the heirs of a person who dies without a will. Some heirs, such as spouses, have a right to inherit regardless of what an estate plan says. Others may only have a right of inheritance in cases where an individual dies without identifying beneficiaries.
Locating a deceased person’s estate plan is often the first step toward determining whether a personal representative must locate named beneficiaries or all potential heirs. The process can be more complicated when there are no estate planning documents to guide the distribution of property. An attorney can help personal representatives ensure they fulfill their probate responsibilities, including communicating with the people with a right to inherit from an estate, regardless of the particulars involved.