Probate research deals with finding heirs and proving their right to inheritances.

What happens to the assets of someone who has died depends on whether or not that person has left a Will.

With A Will

If a Will has been left stating how the late owner wished to have the assets divided up between friends and family (the heirs), and they are all known, then everything is relatively straightforward. The Will usually names an executor, who is responsible for carrying out the wishes stated in the Will. An application will have to be made to a special probate court or registry; in England and Wales this will be to either the Principal Registry (in London) or a District Probate Registry (outside London) of the Family Division of the High Court of Justice. The court examines the Will and satisfies itself that the demands of the law have been met. It will normally then grant probate, which means it is satisfied with the executor's title and with the validity of the Will.

Without A Will (dying intestate)

If no Will has been left, the person is said to have died "intestate". The deceased person's assets will be divided among the next-of-kin in fixed proportions as laid down by the law governing intestacy - subject to certain statutory provisions, after payment of all liabilities, taxes and duties.

Instead of a grant of probate, the court will grant "Letters of Administration" which appoint the administrator as personal representative of the deceased.

Difficulties Requiring Probate Researchers

In both the above possibilities, difficulties may arise when initial enquiries fail to discover heirs or claimants. There are many reasons why this can happen. People lose touch with their families because they have emigrated, moved to another part of the country, quarrelled, or for numerous other reasons. Over the generations this gap can widen further.

In cases of intestacy (when there is no Will), it frequently happens that the deceased is the last surviving member of a particular branch of a family, and the only living relatives are very distant ones whose last traceable connection dates back many years, perhaps to another century.

This is where we come in: our job of probate research consists of tracing people who are entitled to a share in "an estate" (the assets of a deceased person). If they are named in a Will but have disappeared, then we work to discover their whereabouts. When there is no Will, we delve into family history with the object of finding out who actually are the next-of-kin, and where they are living. Then we provide evidence of their rightful inheritance which will prove their claim.

This means that at the same time we are able to assist such interested parties as the executor of a Will, the solicitors involved, trustees, bank and insurance companies and the probate court itself - as well as the heirs.