Consanguinity searches help probate professionals determine rightful heirs by classifying family relationships based on shared ancestry. Heirship is then established using the table of consanguinity and distribution methods such as per stirpes or per capita, depending on state laws and family structures.
Consanguinity searches are a crucial tool in intestate succession, as they help probate professionals determine the appropriate heir to an estate. When the deceased leaves no will or the case has to go through the probate process, rightful heirs must be established to proceed.
If the decedent had no spouse or children, distant family members could qualify to inherit. Even nephews, and great-grandchildren could get a share of the estate if closer relatives to the decedents are deceased.
However, the order of estate distribution is guided by inheritance laws and search requirements approved by the court.
Below, we break down how probate genealogists at HeirPros determine heirship through the consanguinity table and the key considerations they make. But first let’s delve into the consanguinity table.
What Is The Table Of Consanguinity?
Consanguinity means sharing a common ancestor. So, the table of consanguinity helps classify every person with whom you share a bloodline, just like in a family tree. However, the table helps easily distinguish relationships, presenting them in a way that does not overlap.
The initial reasons the Roman and Canon laws implemented this table were to clearly define relationships and help people prevent incestuous unions. Today, the table has become a crucial tool not only in aligning marriages, but also in inheritance and immigration.
The table groups relatives based on their closeness to the decedent. For example, if a decedent didn’t have a living parent, spouse, or child, their inheritance could end up with their siblings, grandparents, or grandchildren, and so on.
Levels of the Consanguinity Table
Different levels in the table of consanguinity represent the degrees of relations or the steps (people) you must go through to connect to another person. For example, to link to your sibling, you first move to your shared parent and back to them. These are two steps, meaning that your sibling is in level 2 of your consanguinity table.
It’s worth noting that spouses are not assigned a level in the consanguinity table since they’re related by affinity and not blood. Besides, they’re considered automatic heirs in most states. However, in the absence of a spouse, the following levels are considered;
- Level 1 Heirs
Level 1 heirs are the closest relatives to the decedent considered by intestate laws and comprise the children and parents. If none of these can be established, the law dictates that the heir search be expanded to more distant relatives.
- Level 2 Heirs
The search for level 2 heirs focuses on the decedent’s grandparents, siblings (whole or half –blood), and grandchildren. This strategy was used in Minnesota when determining the heirs of the famous singer, Prince, after he died intestate in 2016 without a spouse or living parent. His siblings were established as the rightful heirs to his vast estate.
- Level 3 Heirs
A search to the level 3 heirs is uncommon since the majority of cases are completed at the previous levels. However, experts at HeirPros can professionally research heirs to the farthest possible level. Level 3 comprises great-grandparents, great-grandchildren, uncles, aunts, nieces, and nephews.
Note that the table of consanguinity has more levels determined by the extent of your family. Nonetheless, the qualification of each relative across the levels is also determined by the “per stirpes” and “per capita” search types.
Per Stirpes and Per Capita Search Types
Even if relatives fall within the highlighted consanguinity levels, their qualification to inherit from the decedent depends on whether the estate is distributed on a per stirpes or per capita basis. Below is a breakdown of these distribution methods and how they impact inheritance.
What Is the “Per Stirpes” Distribution Method?
Per Stirpes is Latin for “by branch,” which implies the different generations in a family tree. In this method, the estate is distributed according to familial branches regardless of whether a certain heir is alive.
So, if, for example, there are two children to inherit their father’s estate, James and Matthew, but both are predeceased, leaving behind one child and three children of their own, respectively, half of the estate goes to James’ child while the other half is split between the three Mathew’s children.
Per Stirpes distribution method respects the family’s lineage, ensuring that branches receive equal shares even if people in one generation have passed away.
What Is The “Per Capita” Distribution Method?
Per capita means “by person” or “by head.” This estate distribution method focuses on the living heirs regardless of their generation or branch. In the James and Matthew example highlighted above, the per capita method would have all the four grandchildren share the estate equally.
While this method may lead to unequal distribution among family lines, it’s preferred when the living heirs wish to have equal shares of the estate regardless of their branches.
Key Considerations in Determining Search Types
Probate attorneys and genealogists don’t just decide on which consanguinity line or distribution method to use. They’re guided by crucial considerations to ensure the estate serves the decedent’s intended purpose and adheres to set laws and guidelines. Below are critical considerations they must make for a successful estate administration.
- Legal Disparities: Probate genealogists and attorneys must understand state statues regarding levels of consanguinity and the appropriate distribution method. States differ on these approaches, hence the need to study specific requirements for each jurisdiction.
- Family Structures: Probate professionals must also study the family structures and note events like estrangement, remarriage, and divorce to update the consanguinity table. Understanding the complex structures helps find heirs from different levels and apply the most efficient and effective distributing method.
- Heirship Verification: In cases involving distant relatives as heirs, adequate research and documentation are recommended to prove their qualification for the inheritance. Lack of crucial records like birth certificates and marriage certificates or any inaccuracies can jeopardize the probate process.
- Court Approval: The probate courts provide the necessary guidelines regarding the application of the consanguinity table and the different estate distribution methods. Therefore, probate attorneys and estate administrators should seek guidance on the documentation standards, search methodology, and the use of an heir search firm.
We’re Ready to Help You
The consanguinity search type and the appropriate estate distribution method depend on the case complexity and the specific intestacy laws in the state. HeirPros researchers will help you determine the appropriate approach for your case and seek court approval.