Probate genealogists are experts in tracing family lineage and verifying heirs in estate cases, particularly when the deceased dies without a will. They play a crucial role in ensuring the legal and accurate distribution of assets by identifying rightful heirs and providing court-admissible documentation.
When about 30 individuals emerged to claim Prince’s estate upon his demise in 2016, it was the probate genealogists who helped the Carver County District Court narrow down the number to a legal six people. Most of the claims were entirely fraudulent, while others were not close enough relatives to qualify for inheritance.
In such cases, where the decedent dies without a will (intestate) seeking assistance from these research professionals becomes a standard practice. Prince’s estate was subject to Minnesota intestate succession laws which recognize the closest surviving relatives as the rightful heirs. Therefore, the researchers eliminated distant relatives to settle on Prince’s siblings.
But the input of a probate genealogist also comes in handy even when there’s a valid Will. For example, large and high-profile estates like the Earl Bakken’s always incorporate genealogy research before distribution as a precautionary measure to prevent future litigation from overlooked or undisclosed heirs.
Of course, not all probate cases require forensic genealogy. This guide stipulates the specific circumstances when professional assistance is typically necessary, the processes involved, and how to choose the best for your case. But first, let’s define this profession.
What is a Probate Genealogist?
Probate is a court-supervised process of administering an estate, while a genealogist is a family lineage expert. Therefore, a probate genealogist is a forensic expert who combines family history and incorporates legal scrutiny to ensure findings are admissible in a court.
Normally, genealogists have backgrounds in historical research, forensic investigation, and genealogy. However, to qualify, they must have a knack for probate law, including succession rights and inheritance laws.
For example, in the case of Trump’s niece, Mary Trump, who accused the former president and two of his siblings of inheritance fraud, a traditional genealogist would only help confirm that Mary is a close relative. However, an heir search expert would go beyond the biological connections and discover the 2001 settlement that legally disqualified the niece from future claims.
These professionals add a legal dimension to the family relationships and help the probate court resolve inheritance disputes.
What Does a Probate Genealogist Do?
Probate genealogists help their clients meet their fiduciary requirements by facilitating a legal and smooth disposition of the estate to beneficiaries. However, their specific assignment depend mainly on the nature of the case.
Below are some of the services you should expect;
- Complete Family Trees: Heir researchers will construct family trees from scratch, reconstruct existing ones, or verify lineage.
- Identify Rightful Heirs: Once the family tree is complete and certified, the professional identifies heirs according to the inheritance law in the specific jurisdiction.
- Track Missing/Unknown heirs: Genealogists will trace any unknown or missing heirs by tracing their last known locations, addresses, or recent migration.
- Notify Heirs: The genealogist also notifies these heirs and beneficiaries of their inheritance rights and the commencement of court proceedings.
- Prove Heirship: The probate court requires reliable documentation and reports, including copies, sources, and translations supporting the findings to expedite the process and avoid future legal problems.
- Testify in Court: Your chosen expert should be ready to testify in court if needed.
Why Should I Hire a Probate Genealogist?
Small estates falling below a predetermined value can avoid the traditional probate process. For example, estates valued under $150,000 and under $20,000 do not have to go through this process in California and Oklahoma, respectively.
However, most estates exceeding this value involve complex asset distribution and complex family structures necessitating the probate process, especially in intestacy.
Below are the cases where probate genealogists are necessary;
- Missing or Unknown Heirs: Judges, executors, administrators, attorneys, trustees, fiduciaries, etc., rely on the expertise of probate genealogists to locate missing or unknown heirs, especially in intestacy.
- Unclaimed Assets: Unclaimed assets may be held by the government or auctioned to the public after a dormancy period. Therefore, it’s crucial to seek heir search services to track rightful heirs and ensure the estate serves the decedent’s wishes.
- Disputed Family Trees: If families are unaware of their complete family tree or dispute existing ones, these experts can help untangle any confusion and help verify claims.
- Complex Estates: Estates spreading beyond international borders, heirs living abroad, or an extensive family structure call for the need of a thorough research before disposition to ensure no heir is overlooked. Thorough research would ensure every asset and beneficiary is accounted for and the estate is distributed justly.
- Fraudulent Claims: Like in Prince’s case, fraudulent claims are common in the probate process and only a probate genealogist can help stop them in their tracks.
- Unfamiliarity with Inheritance Laws: In states like Texas, the surviving spouse’s share is affected by the presence of children from another marriage. Others, like New York, have specific rules regarding ambiguities in wills. In such legal intricacies, genealogical and legal expertise is vital.
- Precautionary Measure: Involving a probate genealogist is now a standard practice in the probate process when you want to remain on the right track and avoid additional costs, misdistribution, and prolonged court battles.
- All-Round Expertise: Working with a probate expert means leveraging the expertise of their colleagues in their respective heir search firms. With a network of historians, investigators, archivists, and litigation partners, these heir hunters become the go-to solution for a comprehensive report about heirship, credible evidence, and court-ready documentation and presentation.
How to Choose the Right Probate Genealogist
Some of the red flags to watch out for include a lack of references from past clients and an unclear pricing approach. Besides, your chosen professional should have a verifiable track record and credentials.
The qualifications to look for include expertise in probate cases, cooperation with clients, understanding of the court proceedings, and experience testifying in court.
Reputable probate genealogists are often members of heir search firms as well as professional organizations like the he International Association of Professional Probate Researchers, Genealogists, and Heir Hunters (IAPPR) and the Association of Professional Genealogists (APG).