Expedite The Probate Process: Tips For Attorneys

Many things could go wrong when the probate process takes too long. Failure to expedite the probate process adds to the emotional stress and anxiety the beneficiaries may be going through while adversely impacting the estate value.

What’s more? Delaying the probate process risks your reputation and credibility as a probate attorney. It also takes your precious time and energy that could be of value in other commitments.

Surprisingly, most of these delays are avoidable only if you understand the probate process and the nature of the case before you. The first major cause of probate delays is failure to meet deadlines, while other causes can be addressed through a comprehensive heir search.

Strict Deadlines Associated With the Probate Process

The probate process has set deadlines by which the attorney ought to have accomplished particular tasks. While the laws may vary with jurisdiction, the attorney should be sure to file estate tax returns, notify beneficiaries of the probate proceedings, and file an inventory and a final account within the stipulated time.

For example, the probate attorney is expected to take no longer than four months after the decedent’s death to provide a copy of the death certificate to relevant people and institutions like life insurance companies and the Social Security Administration.

The attorney also has up to four months to collect any Will or witness statements and a comprehensive list of heirs, beneficiaries, and interested parties. This information supports their petition for probate or letters of administration.

Other crucial deadlines to meet in the probate process include completing the estate inventory and appraisal of the estate and filing a final account that details all the transactions. It’s worth checking with the relevant inheritance laws in your jurisdiction, especially on the timelines and the thresholds of the estate value.

How to Expedite the Probate Process with Heir Search

Heir’s search has become a secret weapon for probate attorneys who want to accelerate the probate process and help the heirs move on with their lives without emotional or financial difficulties.

What Does Heir Search Entail?

Heir search leverages forensic genealogy to identify heirs or beneficiaries of an estate. Unlike genealogy, which goes back in time to trace ancestors, heir search goes forward, starting with the decedent to the living heirs.

Probate heirs search service providers identify and locate heirs guided by state laws. They also generate detailed reports, including exhibits and affidavits, to facilitate estate distribution. Their exclusive access to vital records and societies can help validate and expedite the process.

Moreover, the search may cross beyond borders, requiring a solid understanding of international laws, languages, cultural norms, and politics. Such roadblocks are the reasons you may need the assistance of a professional heir searcher.

In addition to skills and access to records and databases, heir search services leverage advanced methodologies like DNA to detect fraud and verify heirship.

Below are the various ways heir search will help an attorney move with haste and ensure accuracy, due diligence, and efficiency:

1. Find the Will and Other Crucial Records

As a probate attorney, you need the original Will and documents like a declaration of heirship to petition for probate or letters of administration. However, finding these records would prove a hassle when you have no idea whether the decedent left a Will. Besides, completing a declaration of heirship would require first identifying and tracing all the heirs.

Heir search service providers conduct forensic genealogy and records searches that can quickly help trace all the potential heirs and records from archives, homes, relatives, the County Clerk, etc. Therefore, incorporating such services on time can expedite the probate process and ensure you abide by the law.

2. Identify and Trace Heirs to Expedite the Probate Process

Identifying and tracing heir is what heir search researchers do best. Therefore, these professionals should be the first to put on the speed dial when you want to identify all the potential heirs and notify them of the commencement of the probate process.

When the decedent dies intestate, or the Will is invalidated or contested, the probate attorney must enlist all the heirs, known or unknown, missing or accounted for. The quickest and surest way to do this is through the help of a certified researcher who not only traces every heir but also provides proof of their contacts and status.

Note that identifying and tracing heirs may sound easy, but it involves in-depth research, perusing documents, and traveling, etc., which could delay the probate process and potentially lead to errors if handled solely by the attorney.

3. Unravel Complex Family Structures

Complex family structures characterized by adoptions, multiple marriages, divorces, and blended families could impede a smooth probate process. When faced with numerous claims from different families, it would be a hassle for the probate attorney to verify heirship and priorities.

Therefore, it would be advisable to seek the assistance of heir search service providers to verify heirship and explicitly detail their place in the table of consanguinity. In addition, an heir search would provide complete family trees for every family involved, helping the attorney tell who is legally adopted and who has inheritance rights depending on the heirship laws.

4. Finding Assets

Finding all the assets is another probate process exercise that could consume much of the attorney’s and beneficiaries’ time if not handled professionally. Attorneys must sometimes locate hidden assets and value them in an inventory. They must also handle assets beyond borders and those hidden deep in digital wallets like Bitcoin.

Luckily, most of heir search service providers have a broad network of professionals involved in probate processes, such as private investigators, valuers, realtors, appraisers, and digital currency experts. Such cooperation can not only help unearth hidden assets but can help file an inventory and expedite the probate process.

5. Mitigate Disputes to Expedite the Probate Process

Disputes and conflicts regarding the estate, the attorney’s conduct, or the asset distribution are major causes of probate delays. However, most of these disputes emanate from the attorney’s failure to accurately account for heirs, assets, or the delay in executing their mandate.

However, with the help of an heir search, most of these issues would disappear since their report would set the record straight regarding any assets or heirs’ claims. Besides, DNA tests, original certificates, and records in the heir search report would incriminate or vindicate any heirship claim that appears fraudulent.

6. Court Appearance

The most imperative aspect throughout the process is to remain within the provisions of the law. You must provide substantial evidence to convince the probate court about your findings. Otherwise it could throw the case into shambles and further delay the process.

Luckily, experts heir researchers are admissible in court and can present the documentation and explanation of every aspect of their research or findings. Forensic genealogical reports prove beyond reasonable doubt that the probate attorney performed the necessary steps professionally, within the law, and without any malicious intent.

7. Avoid Liability

Heir’s search would also vindicate the probate attorney against future litigation regarding how they handled the probate process or asset distribution. Attorneys who have ignored heir search in the probate process have faced litigation, disbarment, and, sometimes, imprisonment after heirs emerged to claim an already settled estate.

Such unfortunate events can be avoided by incorporating heir search services. This way, you remain credible and reputable, which leads to more recommendations and business. Above all, having incorporated heir search provides a peace of mind that you strived to provide the best for the bereaved family and handled the case efficiently and sensitively to their needs.

Save Time & Money by Hiring RecordClick for Your Search

RecordClick will help you expedite the probate process with heir search through in-depth local and international forensic research, non-percentage flat-rate fees, over 98% success rate, and well-documented court-ready reports. Plus, if needed, we can appear in court for testimonies.

Our professional genealogical researchers have completed tens of thousands of searches traversing various cultures, languages, and legal intricacies.

Here’s what to expect with Record Click’s heir search service:

Record Click’s heirline researchers work with and assist the attorney in finding the missing heirs to an estate. We document the evidence to validate the locating of missing heirs to an estate and provide the attorney with the necessary documents.

1. Heir Search When Estate Beneficiaries are Unknown

We can help when the estate beneficiaries are unknown, need to be located, or need proof of the relationship. We provide a simple hourly rate and do not expect or require a percentage of the estate.

2. Heir Search Experience & Credentials

We have experienced, credentialed researchers all over the USA, including in Salt Lake City, UT, the world-famous Family History Library, and international genealogical search expertise. Our researchers also have access to the constantly growing world of subscription internet services.

After your research, your report and all your records will be provided in an attractive binder.

3. Customize Based on Your Heir Search Needs

Our experts can customize your heir search for the genealogical research you need for your firm, your time frame, and your budget. Contact us today to get started on your estate settlement.

For local and international services or heir searches, firms, attorneys, and trust officers rely on Record Click for their work.

Our team of 45+ experts includes a former CIA agent, in-house DNA experts, researchers in all states, and researchers in all parts of Europe. Services included: heir German, heir search, search for heirs, heir searches, heir finders, heir finder, heir in German.

Save money and time; we have the best pricing in the industry, and we’re available to start today. We’ll help you solve the unknown in your case. Please reach out to us today for more information.

We offer free, no-obligation consultations, even if you are not planning to start a search immediately.

Feel free to ask any questions — we look forward to connecting.

Contact Record Click today or schedule a call.

READ MORE: Record Click’s Heir Research Services, Costs, And Expectations.