Affidavit of diligent search in probate: what it is and what it documents
An affidavit of diligent search is a sworn statement documenting your efforts to find someone whose whereabouts are unknown, such as an heir, beneficiary or creditor. Courts may require it before notice by publication. Follow your court’s form and record any search for evidence of death.
Record the death check in your search with a signed certificate.
Monitor a name across 17,565+ funeral-home and newspaper sources. If no matching obituary appears during the monitoring period, export a signed PDF that lists what was searched and when.
When courts ask for it
Probate cases usually require notice to people with an interest in the estate, such as heirs, beneficiaries and, in many states, known creditors. When one of them cannot be found, the filer may ask the court to allow another method of notice. Chatham County, Georgia’s probate court resources, for example, tell filers that if all attempts to locate a person have failed, they can ask to serve notice by publication by filing an Affidavit of Diligent Search[3].
Some statutes also build a search into the personal representative’s duties. Florida’s probate code requires the personal representative to “promptly make a diligent search” for the names and addresses of creditors who are reasonably ascertainable, while noting that “impracticable and extended searches are not required”[1]. This Florida statute is an example. It is not a nationwide probate rule. Other states use different wording, deadlines and forms.
What a diligent search typically documents
Court forms differ, but they tend to ask for the same kinds of steps, each with dates and results:
- Who you looked for. The full name and any name variants, the last known address, and how the person is connected to the estate.
- Contact attempts. Letters to the last known address, calls to known phone numbers, and contact with relatives, friends or a last employer[4].
- Records and directories. Searches of printed and online directories and social media; some forms list jails and state prison systems[4].
- Whether the person may have died. Florida Supreme Court Approved Family Law Form 12.913(b) (Affidavit of Diligent Search and Inquiry), a family-case constructive-service form cited here only because it asks about possible death, includes information about the person’s possible death and, if dead, the date and location[2]. It is not Florida’s probate creditor-notice form.
- Proof and follow-up. The same form expects follow-up on named parties and contacts from the search[2]. Some courts set a minimum: one Hall County, Georgia probate form says at least five listed efforts must be completed to be considered diligent[4].
Checking for a death
A person you cannot reach may have died. If so, the notice question changes: their own heirs or estate may need to be considered, and a published obituary often names surviving relatives. An empty search result is also worth recording, because it shows the court what you checked, when, and that nothing matching was found.
Obituaries are usually posted first on the funeral home’s own website and in local papers, and they can appear days or weeks after a death. A single search on one day can miss a notice that is published later, so record the date of each search. See how long after a death an obituary is posted.
How ObituaryMonitor can help with the death check
ObituaryMonitor covers one part of a diligent search: whether a matching obituary has been published.
- Search and monitoring. Add the person’s name and known details. We check 17,565+ funeral-home and newspaper sources and email you if a likely match appears.
- Negative Search Certificate. If no open or confirmed match appears during the monitoring period, you can export a signed PDF that records the subject details used, the sources and the period searched. It does not state that the person is alive. What a certificate includes.
- Screening Reports for many names. Firms checking a list of heirs or creditors can ask our team about Screening Reports. Pricing is quoted by sales.
Our Negative Search Certificate does not establish that a diligent search was completed under any statute or court rule, and it is not a substitute for notice or for other required search steps. Your attorney and the court decide whether the overall search was diligent. For state creditor-notice rules, see probate guides by state.
Frequently asked questions
What is an affidavit of diligent search?
A sworn statement, signed before a notary or court clerk, that lists the steps you took to find a person whose address is unknown, such as an heir, beneficiary or creditor, and says you could not find them. Courts use it to decide whether another form of notice, often publication, can be used.
When does a probate court ask for one?
Usually when a person who must receive notice cannot be located, and the filer asks the court to allow notice by publication instead. Some states also require a personal representative to make a diligent search for reasonably ascertainable creditors. The rules differ by state and by court.
What should a diligent search include?
Court forms commonly list steps such as mailing the last known address, calling known numbers, searching directories and social media, contacting relatives and the last employer, checking jails and prisons, and checking whether the person may have died. Some courts set a minimum number of steps or ask for proof of each one.
Why check obituaries as part of the search?
A person you cannot find may have died. Florida’s family-law diligent search form, for example, includes information about the person’s possible death. An obituary may name surviving relatives, which can matter for who must receive notice next.
Will a court accept a Negative Search Certificate as a diligent search?
No document guarantees that. A Negative Search Certificate records that no matching obituary was found in the sources monitored during a set period. It can support the death-check part of your record, but the court decides whether your overall search was diligent. Ask your attorney or the court clerk what your court expects.
Is this legal advice?
No. This guide describes the affidavit in general terms. Requirements vary by state, by court and by type of case, so check your court’s forms and rules, and speak with an attorney about your situation.
Sources
- Florida Statutes s. 733.2121, Notice to creditors; filing of claims (Online Sunshine). Read Nov 4, 2026.
- Florida Supreme Court Approved Family Law Form 12.913(b) (Affidavit of Diligent Search and Inquiry). Read Nov 4, 2026.
- Chatham County (GA) Probate Court, Attorney & Pro Se Filer Resources. Read Nov 4, 2026.
- Hall County (GA) Probate Court, Affidavit of Diligent Search form (rev. 4/25/2025). Read Nov 4, 2026.
This guide is general information about how courts use diligent search affidavits. It is not legal advice, and ObituaryMonitor is not a law firm. ObituaryMonitor is not a consumer reporting agency.