Key Takeaways
- 68% of Americans lack valid Wills, necessitating heir search in probate cases.
- Outsourcing heir research can save costs and expedite probate processes.
- Heir research firms ensure success rates, mitigate risks, and offer specialized expertise.
68% of Americans don’t have a valid Last Will and Testament, a clear forecast that over half of all the cases probate lawyers handle may be subject to intestacy laws. The law-abiding 32% have clear testamentary documentation, survivorship rights, joint ownership, designated beneficiaries, or small estates that may not require any further heir identification or legal process.
However, heir search is a must consideration when you’re presented with a case from the 68% of Americans lacking proper estate planning. Most of these cases can get intricate since all heirs must be identified, located, notified, and bequeathed.
While there isn’t a cut line of the nature and outcome of every probate case, outsourcing heir search services can be a strategic solution for trust and estate lawyers aiming to cut costs and enhance efficiency.
But Why Would I Need To Outsource Heir Research?
Having no valid Last Will and Testament automatically brings in the intestacy laws that require, among other things, all heirs to be identified and notified. Probate judges will need reliable evidence that details the decedent’s familial links and heir’s rights to inherit.
Therefore, you may need to outsource probate genealogy if your case falls under these three categories:
Complex Intestate Succession
A thorough search for legal heirs is necessary if the decedent left no valid will. Intestacy laws even beyond our borders dictate that the estate be distributed in accordance with the levels of consanguinity.
You will need a heir researcher to not only create a family tree but also fill in the consanguinity search types and help determine the appropriate distribution method. At least your chosen heir researcher should tell whether the respective state uses the per stirpes or the per capita method.
Besides heir identification, researchers also help quell the typical heat in complex intestate cases. Illegitimate children, secret affairs, estranged families and step-relatives can cause mayhem that you’d need to counter with overwhelming evidence before the jury.
Dispersed and Unknown Heirs
Heir researchers narrows down the search from identification to location. Their expertise in family tree research and verification means that they can detail the entire family on paper and still find the latest contact information for every individual.
A family member may be unknown due to migration, family estrangement, and lack of documentation. Lack of proper due diligence could end up like the Unexpected Heir case in New South Wales that was discovered through DNA testing after the estate had been settled. This discovery led to a lengthy legal dispute over inheritance rights since the previously assumed heirs had to return their shares.
Today, probate judges take their time before okaying estate distribution to avoid such mishaps, placing the burden on trust and estate attorneys. Rather than judging the decedent’s family based on their lifestyle or public opinion, they rely on probate research that includes forensic genealogy.
Varying Legal Guidelines
Complex inheritance cases usually involve beneficiaries from all corners, and the legal professionals handling them must gamble with all the tweaks and pitfalls. Probate attorneys carry that fiduciary duty to identify and notify all the potential heirs, ensuring that the entire team adheres to aspects like ethics, privacy, and confidentiality rights to the letter.
Heir researchers will conduct the notification on your behalf, but they too must play by the book.
Benefits of Outsourcing Heir Research
While the probate heir researcher charges you for the services, their input comes with additional benefits. The exclusive insights you gain working with them, the quick access to crucial records, the peace of mind, etc., are only guaranteed if you work with these heritage researchers.
- Expertise
Probate genealogy is the secret weapon when you want to evade legal and ethical landmines common in the probate process. These professionals will create an accurate family tree from scratch, forming the basis of your case. Having them onboard not only raises the case success rates but also mitigates risks of bad reputation, legal breach, or personal fines.
- Efficiency and Time Saving
Heirship verification documents and affidavits of due diligence must come from a certified probate genealogist to be admissible in probate court. Besides, these researchers should be available to testify in court or provide crucial interpretation that unlocks any quandary.
Thanks to advanced technology and AI, heir search services like HeirPros quickly identify patterns and beneficiaries, guaranteeing a quick turnaround and expediting the process. Cases that could otherwise take years to resolve now end in months, if not weeks.
They also have access to specialized sources unavailable to law firms and the general public. This makes it easier to retrieve crucial records beyond the commonly relied on civil and church records.
- Cost Effectiveness
Heir search firms charge on an hourly basis, meaning that you only pay for time used in your research. This is in contrast with the dreaded percentage-based heir hunters accused of exploiting unsuspecting heirs and putting legal professionals’ careers on the line.
Ensure your chosen heir search service provider comes out clean on all charges anticipated for the set objectives and has no interest in the final outcome of the process. For example, HeirPros has a free heir search quote calculator with 11 simple questions to answer and have a rough estimate of the potential fee for your case.
Heir locator firms that charge set fees to find missing heirs represent the superior alternative to heir hunters. Only having to part with $2,226 for a 20-hour research time for a high-value estate serves as a classic example of why outsourcing heir research would be a great idea.
- Guaranteed High Success Rate
Working with an heir search firm helps realize everyone’s dream of a successful and expeditious probate process. These professionals have a knack for details and are adept to the laws across jurisdictions. Their presentation is also at par, and in-person testimony ensures the case is in the bag.
Choose the Right Heir Research Partner
To have your expectations met and enjoy all these benefits, you must vet available heir research firms decisively. Key areas to look at include the process involved, ethical standing, success rate, and team of professionals. Your chosen firm should also be seamless to integrate into your team and maintain constant communication.
At HeirPros, we specialize in providing comprehensive forensic genealogy services to help you unravel even the most intricate estate case at an affordable and transparent price.
Contact us today to learn about the offering we have as well as the readily available expertise to support your case and deliver results.