![]() ![]() Examination of the decedent’s personal effects, including address books.Several factors are taken into account when determining the required level of diligence including the size of the estate, the resources on hand, and the heirs’ interest in the estate.Īs a general guide, the Court Rules of New York City (NYCRR §207.16(d)) state that due diligence will be deemed satisfied if the petitioner conducts the following searches: This jurisdictional requirement is not meant to over burden the estate with costly and time-consuming searches. to probate a will or commence an administration proceeding) but is unable to locate all the heirs, the Court requires the petitioner to conduct due diligence in an effort to locate the heirs. When a person petitions the Surrogate (e.g. Heirs with Whereabouts Unknown – Obtaining Jurisdiction These individuals are referred to as unknown heirs. When a person passes away in New York without any immediate family, it may not be clear whom the heirs are. ![]() When heirs of a decedent are identifiable but cannot be located, they are referred to as heirs with whereabouts unknown. ![]()
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