Written by MS on June 10th, 2011
When somebody dies without leaving a valid will, the courts will have to determine if there are any heirs to the deceased?s estate. Most of the time, a probate court will hire an heir search service to find any heirs. A search for heirs may be performed by attorneys, private investigators, or a probate research firm. A probate research firm may have forensic genealogists on staff to track down next-of-kin.
Besides finding heirs for the settlement of inheritance of an estate, there are other situations where the services of a probate researcher may be useful. Inactive bank accounts and safe deposit boxes are turned over to the state. A probate researcher will search for the owner of these inactive accounts. Disputes over ownership of real estate may require tracking down a lost relative. The same is true in disputes over gas, oil, and mineral rights.
People who perform these searches require a broad set of skills. They are part lawyer, part genealogist, and part detective. The laws are complex and vary from jurisdiction to jurisdiction. This can be a fascinating job but it also involves a lot of time researching government files which is not particularly glamorous.
Professionals known as probate researchers trace next-of-kin of the deceased. There are two basic situations. First, the estate may not have any heirs that the probate court is aware of. The search is required to establish the location of any heirs. Second, the probate court may know the name of an heir but does not know how to locate them.
The legal term intestate means someone who has died without a will. If the value of the deceased?s assets exceeds their debts, their assets are distributed by the probate court. In this situation, the probate court will determine who are the legal heirs to the deceased?s estate.
The field of probate research is filled with many legal terms. An important legal term is the word intestate. Intestate is the condition of a person dying without having filed a valid last will and testament. In this situation any net assets belonging to the deceased are distributed by the probate court. It is the probate court?s responsibility to establish the legal heirs of the deceased?s estate.
Every country has its own intestacy laws. Estate and inheritance laws vary from state to state in the United States. A competent probate researcher will need to have knowledge of the laws in all the states. They will need to possess a specific skill set similar to a police investigator, bill collector and lawyer. Often they have very little information to go on. Perhaps only a name and a birth date is the only information available. It is not that uncommon for a lost heir to have no idea that they are entitled to an inheritance.
One must always be cautious when contacted by an genealogical search individual about being a possible heir to an estate. Never pay money to obtain information that someone says they have about assets that can be claimed by you. This type of thing is a con game. A legitimate probate researcher will never ask for money before they give you the information about an inheritance that you are entitled to.
This entry was posted on Friday, June 10th, 2011 at 7:14 pm and is filed under General Law, Living Will. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.ubc congressman weiner laurence fishburne derek jeter mimi ncr glenn beck
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