Probate research
Encyclopedia
Probate research deals with finding heirs and proving their right to an inheritance
. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There may be also be known heirs from one part of the family, but another part of the family may be unknown. In all these instances, professional probate researchers work to trace the next-of-kin.
Probate researchers are also called heir hunters, heir searchers, and forensic genealogists.
Intestacy laws
vary enormously from one country to another, and in the US, they also vary from state to state. Thus probate researchers must have extensive knowledge of the law to know which family members are legally entitled to inherit. They also employ specialized genealogical and investigative techniques to search public records and databases to identify the extended family of the descendent, often starting with no more than a name and date of death and in some cases looking for relatives as distant as second cousins. In many cases the heirs that are finally identified have little or no knowledge of the person from whom they are inheriting.
Probate researchers are hired by solicitors in the United Kingdom, or Estate Attorneys in the United States. It is also common for them to independently review many cases to find a single case with missing or unknown heirs.
or "no win no fee" basis which involves the potential heir signing an agreement to pay a percentage of their inheritance to the probate research company if they actually inherit something. Legitimate firms never request out of pocket or up front fees from potential beneficiaries. However, there are many email scams that ask for money for information about false inheritances.
The industry remains unregulated, however, the main UK companies have gone to great lengths to prove their professional and ethical standing, for example Finders International Probate Genealogists of London, UK have a Professional Conduct Code visible on their website.
Contingent fees typically range from 5-40% of the inheritance as each case varies in its complexity, size, number of heirs, and firms involved. However, these fees are in the same range as the 20-50% charged by attorneys for contingent work. Contingent fees must be large enough for the companies to be profitable despite the large amount of work that is done when no fee is received (due to insolvency
of estates, failure of the heirs' claims, and the large number of cases that must be reviewed to find a single case with missing heirs). Thes fees are sometimes capped by advance agreement with the estate lawyers and may be negotiable with the heirs once found.
Another contingent fee option is available to Executors or Administrators of Estates who can agree the percentage fee deduction from an heir's entitlement in advance of tracing. Again this is a no win/no-fee option and is known as an Estate/Trust Agreement Fee. This is particularly suitable for cases where seeking an heir's signature may not be appropriate due to age or disability.
Some probate research is done on an hourly basis billed to the estate and deducted from the available funds that will be distributed to all the heirs regardless of whether additional heirs are found or not. These fees are usually set as budgets, which can be exhausted requiring further budgets. An alternative to this is a Fixed Fee payable by the Estate. As with all hourly rate bills practitioners should be aware that they may be payable regardless of success or failure in achieving their aims.
has made five series (105 programmes) of Heir Hunters
, shown on UK BBC TV about a number of UK companies. Episodes have also been screened in South Africa, Australia and New Zealand. However, it should be noted that any involvement in Heir Hunters is by no means an endorsement by the BBC.
Many people are still reluctant to draft a proper will, or make bad ones which later prove invalid, or can easily be contested. As a consequence billions pass to the state, after a qualify period in trust waiting for claims from entitled beneficiaries, or being found by probate researchers or Heir Hunters.
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There may be also be known heirs from one part of the family, but another part of the family may be unknown. In all these instances, professional probate researchers work to trace the next-of-kin.
Probate researchers are also called heir hunters, heir searchers, and forensic genealogists.
Intestacy laws
Intestacy
Intestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of...
vary enormously from one country to another, and in the US, they also vary from state to state. Thus probate researchers must have extensive knowledge of the law to know which family members are legally entitled to inherit. They also employ specialized genealogical and investigative techniques to search public records and databases to identify the extended family of the descendent, often starting with no more than a name and date of death and in some cases looking for relatives as distant as second cousins. In many cases the heirs that are finally identified have little or no knowledge of the person from whom they are inheriting.
Probate researchers are hired by solicitors in the United Kingdom, or Estate Attorneys in the United States. It is also common for them to independently review many cases to find a single case with missing or unknown heirs.
Fees Charged
Many probate researchers work primarily on a contingent feeContingent fee
A contingent fee or conditional fee is any fee for services provided where the fee is only payable if there is a favourable result...
or "no win no fee" basis which involves the potential heir signing an agreement to pay a percentage of their inheritance to the probate research company if they actually inherit something. Legitimate firms never request out of pocket or up front fees from potential beneficiaries. However, there are many email scams that ask for money for information about false inheritances.
The industry remains unregulated, however, the main UK companies have gone to great lengths to prove their professional and ethical standing, for example Finders International Probate Genealogists of London, UK have a Professional Conduct Code visible on their website.
Contingent fees typically range from 5-40% of the inheritance as each case varies in its complexity, size, number of heirs, and firms involved. However, these fees are in the same range as the 20-50% charged by attorneys for contingent work. Contingent fees must be large enough for the companies to be profitable despite the large amount of work that is done when no fee is received (due to insolvency
Insolvency
Insolvency means the inability to pay one's debts as they fall due. Usually used to refer to a business, insolvency refers to the inability of a company to pay off its debts.Business insolvency is defined in two different ways:...
of estates, failure of the heirs' claims, and the large number of cases that must be reviewed to find a single case with missing heirs). Thes fees are sometimes capped by advance agreement with the estate lawyers and may be negotiable with the heirs once found.
Another contingent fee option is available to Executors or Administrators of Estates who can agree the percentage fee deduction from an heir's entitlement in advance of tracing. Again this is a no win/no-fee option and is known as an Estate/Trust Agreement Fee. This is particularly suitable for cases where seeking an heir's signature may not be appropriate due to age or disability.
Some probate research is done on an hourly basis billed to the estate and deducted from the available funds that will be distributed to all the heirs regardless of whether additional heirs are found or not. These fees are usually set as budgets, which can be exhausted requiring further budgets. An alternative to this is a Fixed Fee payable by the Estate. As with all hourly rate bills practitioners should be aware that they may be payable regardless of success or failure in achieving their aims.
Popular Culture
The BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
has made five series (105 programmes) of Heir Hunters
Heir Hunters
Heir Hunters is a BBC television programme focusing on attempts to find missing or unknown heirs, entitled to deceased people's estates before the British Treasury lawfully collects the money. The show follows the work of Probate researchers from a number of different firms to show how the results...
, shown on UK BBC TV about a number of UK companies. Episodes have also been screened in South Africa, Australia and New Zealand. However, it should be noted that any involvement in Heir Hunters is by no means an endorsement by the BBC.
The Future of Probate Research
As the population lives longer due to improved health, and is more mobile the problem of tracing missing heirs potentially becomes more difficult despite the growth of more web based research tools.Many people are still reluctant to draft a proper will, or make bad ones which later prove invalid, or can easily be contested. As a consequence billions pass to the state, after a qualify period in trust waiting for claims from entitled beneficiaries, or being found by probate researchers or Heir Hunters.