Sometimes, the most important part of an investigation is not what we find. It is being able to show exactly what we did to look for it.
Imagine trying to locate someone who needs to be notified about a court case. You check their last known address, search public records, review possible leads, and try to find a reliable way to reach them. But every lead comes up empty.
What happens next?
You cannot simply say, “We couldn’t find them,” and leave it at that. In some legal matters, it is important to show that reasonable efforts were made to find the person before the case can move forward.
That is where a due diligence investigation comes in.
A due diligence investigation is a careful, organized search that documents the steps taken to find a person, obtain information, or establish facts. It records what was checked, what was discovered, and which leads could not be confirmed.
These investigations can be especially important in adoption cases, estate matters, and other legal proceedings where someone must be located or given an opportunity to participate.
At Anna Stowe Investigations, we understand that finding someone is not always possible. But documenting the search can be just as important as the search itself.
What Is a Due Diligence Investigation?
A due diligence investigation is a search that follows reasonable steps to find needed information and keeps a clear record of those efforts. It may help show that a person or organization made a serious attempt to find someone or confirm important facts.
In legal matters, this type of search is often called a diligent search or due diligence search.
The goal is not always to uncover something hidden. Sometimes, the goal is to show that the investigator made a careful and honest effort to find information that could not be obtained.
For example, an attorney may need to locate a missing parent before an adoption can move forward. The parent may have moved, changed their name, or left the country.
A private investigator may be hired to search for that parent and document each reasonable step taken.
If the person is found, the attorney may use the information to arrange proper legal notice.
If the person cannot be found, the investigator’s work may help the attorney explain to the court why the search was unsuccessful.
What Does Reasonable Diligence Mean?
Reasonable diligence means taking sensible and thorough steps based on the information available, the purpose of the search, and the rules that apply to the case.
It does not always mean searching forever or trying every possible method.
A reasonable search might involve reviewing public records, checking past addresses, contacting people who may have information, and following leads that could help establish someone’s location.
Each case is different. A search for a parent who disappeared six months ago may require different steps than a search for an heir who has not been heard from in 30 years.
The investigator’s job is to perform the agreed-upon work carefully and explain what was done. Whether those efforts meet a legal requirement is a decision for the attorney and, when necessary, the court.
When Is a Due Diligence Investigation Necessary?
A due diligence investigation may be needed when a legal matter depends on finding someone, identifying people who may have legal rights, or showing that reasonable efforts were made to obtain important information.
Two situations that illustrate the value of this work are adoption proceedings and estate investigations.
Locating a Missing Parent in an Adoption Case
Imagine a child whose maternal grandparents wish to adopt them.
The child’s mother supports the adoption, but the father cannot be located.
Perhaps the parents had only a brief relationship. The father has had little involvement in the child’s life, and the family believes he may have left the country.
The grandparents may be prepared to provide a permanent home for the child, but the father’s possible legal rights still need to be addressed.
California law includes notice requirements for biological and possible biological fathers in certain adoption proceedings, along with circumstances in which a court may dispense with notice. The rules depend on the type of adoption and the facts of the case.
This is the kind of situation in which Anna Stowe Investigations has been called upon to help.
In an investigation of this nature, we were tasked with locating a child’s father so that he could receive notice of an adoption involving the child’s maternal grandparents.
The father had little known involvement in the child’s life. There was also concern that he may have left the United States.
Our responsibility was to make reasonable efforts to locate him and document those efforts.
The purpose was not to persuade him to agree to the adoption or to decide whether he should be involved in the child’s life.
It was to help ensure that he had an opportunity to receive notice and participate in the legal process, as required by the court.
When our efforts to locate him were exhausted, the documented search provided a record of what had been attempted and why his location remained unknown.
That distinction matters.
A missing parent is not the same as a parent who has agreed to give up their rights. The court must address the legal requirements that apply, even when a parent cannot be located.
A well-documented investigation may help the attorney present the facts needed for that process.
Locating Missing Heirs and Beneficiaries of an Estate
Another important use for due diligence investigations involves locating people who may be entitled to receive property after someone dies.
When a person passes away, the property they leave behind is called their estate.
Depending on the circumstances, the people who may receive that property can include relatives or people named in a will or trust.
But what happens when nobody knows where all those people are?
Perhaps the person who died had several siblings. Some have passed away, others have moved, and nobody knows how many children they had.
Before the estate can be properly handled, it may be necessary to identify and locate possible heirs.
Anna Stowe Investigations has handled investigations involving this very issue.
The first task was to build a family tree using available records.
We then worked to determine which family members were still living and which individuals might have a possible interest in the estate.
That meant tracing family connections, looking for descendants of deceased relatives, and working to locate people whose whereabouts were unknown.
A family tree may reveal relatives the family has lost contact with or people whose existence was not previously known to the person handling the estate.
In California, a petition to begin formal probate generally must include information about heirs and people named to inherit, as far as that information is known or can reasonably be found.
The investigator helps establish facts about family relationships, identity, and location. The attorney determines who may have a legal right to inherit.
These investigations can help protect the interests of people who might otherwise be overlooked simply because their relatives have lost touch with them.
What Steps Does a Private Investigator Take During a Due Diligence Investigation?
A private investigator follows available leads, checks reliable sources, and records the steps taken to find the information needed for the case.
No two searches are exactly alike. The steps depend on what is already known, what needs to be established, and which leads become available during the investigation.
The following are some of the methods that may be used.
Reviewing the Information Already Available
A search begins with what the client knows.
This might include a person’s full name, date of birth, former addresses, known relatives, previous employers, or last known telephone number.
Even small details can help.
An old address may lead to a property record. A former employer may help narrow down where someone lived. A family member’s name may help distinguish one person from another with a similar name.
Investigators compare these details before deciding where to search next.
Searching Public Records and Investigative Databases
Public records can provide important clues about someone’s past and possible current location.
Depending on the assignment, an investigator may review:
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Property ownership records.
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Court records.
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Marriage and death records, where available.
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Business filings.
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Address histories and other legally accessible records.
Professional investigative databases may also help connect names, addresses, and other identifying details.
However, a database result is not proof that someone lives at a particular address or that two people with the same name are the same person.
Leads must be evaluated and, when possible, confirmed through other sources.
Contacting People Who May Have Information
Records do not always provide current information.
An investigator may need to contact relatives, former neighbors, employers, or others who might know where someone has moved.
A person may remember that a relative moved to another state or that a former coworker left the country.
That information can open a new direction for the search.
Investigators must distinguish between information someone reports and facts that have been independently confirmed.
Following Leads and Checking Possible Locations
When a possible address is found, further work may be needed to establish whether the person is actually connected to that location.
Depending on the case, this might involve additional records research, lawful field inquiries, or attempts to confirm a possible residence.
If a lead is unsuccessful, it may still help narrow the search.
An old address, for example, could establish that the person no longer lives there and provide a clue about where they went next.
Knowing When to Change Direction
A good investigator does not simply repeat the same unsuccessful search.
If one approach produces no useful information, other reasonable leads may need to be explored.
The search should be guided by the facts, not by a checklist that treats every case the same.
California’s probate rules, for example, identify specific inquiries and record searches that must be described in a declaration of diligent search when the address of someone entitled to notice is unknown.
The methods used should therefore reflect both the circumstances of the case and any legal requirements identified by the attorney.
What Happens When a Due Diligence Investigation Finds Nothing?
An investigation that does not locate the person or information being sought may still provide valuable results.
Finding nothing does not necessarily mean the investigator did nothing.
There is a difference between conducting a limited search and completing a careful investigation that does not produce the desired information.
Consider the missing parent in our earlier example.
If an investigator checks one address, receives no answer, and closes the case, that may leave important questions unanswered.
But what if the investigator checks the available records, follows the relevant leads, and makes reasonable efforts to confirm the person’s whereabouts?
If those efforts are unsuccessful, the investigation can still establish what was attempted and what remains unknown.
It is also important not to turn an unsuccessful search into a conclusion that the evidence does not support.
For example, failing to locate someone in the United States does not prove they left the country.
Likewise, failing to find a death record does not prove that a missing heir is alive.
A professional investigator must be careful about the difference between what is known, what is suspected, and what could not be confirmed.
Sometimes, the next step is to expand the search. Other times, the available information and reasonable leads have been exhausted.
The investigator should be able to explain which efforts were completed and whether any meaningful leads remain.
The result may not be the answer everyone hoped for, but it can still be the information the attorney needs to determine what should happen next.
How Is a Due Diligence Investigation Documented for Court?
A due diligence investigation may be documented through a written report or declaration that explains what the investigator did, when the work was performed, and what the results were.
The final document is often one of the most important parts of the assignment.
An attorney may need more than a statement that the investigator was unable to locate someone. The attorney may need a clear record showing what efforts were made and why those efforts did not produce the needed information.
What Should a Due Diligence Report Include?
Depending on the investigation, the report may identify the person being sought, explain the purpose of the search, and describe the investigative work performed.
It may include the dates of searches, records reviewed, people contacted, locations checked, and results of each inquiry.
If a possible address was identified but could not be confirmed, the report should explain that.
If a person provided information about someone’s location, the report should distinguish that statement from independently verified facts.
Any limits on the investigation should also be disclosed.
The goal is to create a record that another person can review and understand without having to guess what happened.
What Is a Declaration of Due Diligence?
A declaration of due diligence is a written statement describing efforts made to locate a person or obtain information.
Unlike a routine investigative report, a declaration is generally signed under penalty of perjury. The person signing it states that the information is true and correct.
The exact form and information required depend on the type of case.
For example, California Rule of Court 7.52 requires a declaration of diligent search in certain probate proceedings when a person entitled to notice cannot be located.
The declaration must include information about the missing person, their last known address, the efforts made to locate them, and facts explaining why their current address cannot be obtained.
If the court finds that the person cannot be located after a diligent search, it may direct how notice must be given or, when permitted, dispense with notice.
A private investigator’s documentation may help the attorney prepare the required filing.
It does not automatically establish that the legal requirements have been met. That determination belongs to the court.
The Importance of Due Diligence Investigations
The value of an investigation is not always measured by what was found.
Sometimes, it is measured by the care taken to look.
When a parent cannot be located, the efforts made to find them may matter to the legal process. When an estate has missing heirs, a careful search may help identify people whose interests might otherwise be overlooked.
A due diligence investigation helps turn those efforts into a clear, organized record.
At Anna Stowe Investigations, we understand that our responsibility is not to produce a particular answer. It is to follow the facts, pursue reasonable leads, and accurately document our findings.
Because sometimes, the most important result of an investigation is being able to explain exactly why the answer could not be found.