Probate genealogy is a fascinating field that involves tracing heirs and beneficiaries to estates when someone passes away intestate (without a will). Despite its importance, this area of legal and genealogical practice is surrounded by misconceptions. Let’s explore some of the most common myths surrounding probate genealogy in the UK and set the record straight.
Probate Genealogy is Only About Finding Heirs to Large, Unclaimed Estates
One of the most pervasive myths is that probate genealogists are always on the hunt for heirs to vast fortunes left by mysterious, wealthy individuals. While these cases do exist and capture the public’s imagination, they are relatively rare. Most cases involve estates of more modest value, and the genealogist’s task is to locate any legitimate heirs, regardless of the estate’s size. Often, the job involves building complex family trees and identifying distant relatives who may not even know they are related to the deceased.
All Heirs are Entitled to a Share of the Estate
Another common misconception is that once an heir is identified, they are automatically entitled to a share of the estate. However, the distribution of an estate in the UK is governed by strict legal rules under the Intestacy Rules. These rules prioritise certain relatives over others, depending on their relationship to the deceased. For example, if the deceased had children, they would inherit before siblings or cousins. Therefore, not all relatives will receive a share, even if they are found and identified by a probate genealogist. For more information on the rules of intestacy please click here.
Probate Genealogy is Just About Tracing Family Trees
While tracing family trees is a significant part of probate genealogy, the field involves much more. Probate genealogists often delve into legal records, historical documents, and even contacting the general public to piece together the puzzle of someone’s life and family connections. They may also work with legal professionals to provide evidence in court or to resolve disputes about inheritance. The work requires not only genealogical expertise but also an understanding of legal processes and documentation.
The Government Takes All Unclaimed Estates
Many people believe that if no heirs are found, the government automatically claims the estate. While it’s true that unclaimed estates in England and Wales eventually pass to the Crown under the Bona Vacantia rules, this is only after exhaustive efforts have been made to locate heirs. Probate genealogists play a crucial role in this process, often working on behalf of the Treasury Solicitor to identify and locate potential beneficiaries before the estate reverts to the Crown. This process is called escheatment.
Probate Genealogists Work for Free and Take a Cut of the Inheritance
There is a belief that probate genealogists offer their services for free and only take a percentage of the inheritance if they successfully locate an heir. While some genealogists operate on a contingency basis, others charge fees upfront or work under contract for solicitors, law firms, or government agencies. The payment structure can vary, but it is not universally based on a percentage of the estate. Moreover, ethical probate genealogists are transparent about their fees and ensure that the heirs understand the terms before any agreement is made.
Probate Genealogy is a Quick Process
The portrayal of probate genealogy in Tv shows often suggests that tracing heirs is a straightforward and quick process. In reality, it can be time-consuming and complex, especially when dealing with large families, common surnames, or international connections. Genealogists must verify relationships with robust documentation, which can involve months of research, correspondence, and sometimes even travel. The process requires patience and meticulous attention to detail, far from the instant results often depicted on screen.
Heirs Can’t Be Found if the Deceased Had No Immediate Family
A common assumption is that if someone dies without immediate family—such as children, parents, or siblings—finding heirs is impossible. However, probate genealogists are skilled in tracing extended family members, sometimes going back several generations or connecting with distant relatives across the globe. Even in cases where the deceased had no known immediate family, it is often possible to find more distant relatives who are entitled to inherit.
Conclusion
Probate genealogy is a specialised and intricate field that plays a vital role in the administration of estates. While the profession is sometimes romanticised or misunderstood, it involves a great deal of meticulous research, legal knowledge, and ethical considerations. By dispelling these common myths, we can better appreciate the valuable work that probate genealogists do in ensuring that estates are distributed according to the law and that rightful heirs receive their inheritance.
