Probate Research
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Probate Research
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 also may 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 deceased, often starting with no more than a name and date of death and in some cases looking for r ...
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Probate
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will. The granting of probate is the first step in the legal process of administering the estate (law), estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner sp ...
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Heirs
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in sp ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Estate (land)
An estate is a large parcel of land under single ownership, which would historically generate income for its owner. British context In the UK, historically an estate comprises the houses, outbuildings, supporting farmland, and woods that surround the gardens and grounds of a very large property, such as a country house, mansion, palace or castle. It is the modern term for a manor, but lacks a manor's now-abolished jurisdiction. The "estate" formed an economic system where the profits from its produce and rents (of housing or agricultural land) sustained the main household, formerly known as the manor house. Thus, "the estate" may refer to all other cottages and villages in the same ownership as the mansion itself, covering more than one former manor. Examples of such great estates are Woburn Abbey in Bedfordshire, England, and Blenheim Palace, in Oxfordshire, England, built to replace the former manor house of Woodstock. In a more urban context are the "Great Estates" in ...
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Missing Heir
A missing heir is a person related to a ''decedent'' (dead person), or testator of a will, but whose residence, domicile, Post office, or other address is not known. A missing heir may be an orphan or other person under a disability, who may need a guardian or custodian of funds. ''Missing heirs'' often come up in the context of legal actions involving wills, title to real property, or a quiet title action. A private investigator, probate research firm or forensic genealogist may be hired by the executor, trustee, or administrator to find the missing heirs. A probate court or surrogate judge may require the service of a citation, notice of petition, summons, or subpoena to the relevant persons who may be missing persons, or may know the whereabouts of such person. Some courts, such as Suffolk County Probate Court in Boston, actively solicit missing heirs. Probate research Probate research deals with finding heirs and proving their right to an inheritance. In some estates t ...
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Next-of-kin
A person's next of kin (NOK) are that person's closest living blood relatives. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal definition and may not necessarily refer to blood relatives at all. In some legal systems, rights regarding inheritance (which imply a decision-making capacity — for example, in a medical emergency — where no clear will or instructions have been given, and where the person has no spouse) flow to the closest relative (regardless of the age, with a representative appointed if a minor), usually a child, a parent or a sibling. However, there are people without any close adult relatives and, in such a case, decision-making power often flows to a niece or nephew, first cousin, aunt or uncle, or grandparent. For example, if a person dies intestate, the laws of some jurisdictions require distribution of the estate to the decedent's spouse or c ...
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Intestacy
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ...
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Solicitors
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), an ...
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Estate Attorneys
Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representative bodies of the estates of the realm *** Estates General, a supra-regional gathering of representatives of the estates of the realm * Estate in land * Estate (land), the grounds and tenancies (such as farms, housing, woodland, parkland) associated with a very large property ** Housing estate, a group of houses built as a single development. ** Industrial estate (office park) and trading estate; property planned and sub-let for industrial and commercial use. ** Real estate or real property ***Estate agent or real estate agent * Literary estate, the intellectual property of a deceased author, or the executor thereof Automobiles and technology * Estate car (station wagon), a passenger car with a full-size interior cargo compartment * Buick ...
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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 of time-consuming research turned out. The main firms followed have been Fraser and Fraser, Celtic Research and Finders International. It was announced in 2011 that ''Heir Hunters'' would run in both BBC One daytime and in primetime television on BBC Two that autumn. The eleventh series was aired on BBC One from 27 February 2017. Description The series is made by Flame TV, which is part of the Avalon Group. The first series was presented by Nadia Sawalha, while all subsequent series are narrated by Lisa Faulkner up to series 11. Series 12 is presented by Michael Buerk. The programme combined the worlds of legal probate genealogy and family history for the first time attracting audi ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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