Answers to Heir Search and Probate Questions
Heir search questions asked most, answered in under five minutes each.
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What Is an Heir Search, and When Does a Case Need One
An heir search is a genealogical investigation that identifies and proves every person legally entitled to inherit from an estate. Norby Bandan, founder of HeirPros, explains when a probate case needs one, why the exposure lands on the fiduciary who approves distribution, and what a probate court accepts as proof that the search was reasonable.
He also covers where searches break down, how records change at every border on cross-border cases, and what the attorney receives at the end: a full report of findings with its sources, a time log, and copies of every record pulled. A straightforward case can be handled within a month. Pricing is flat rate, never a percentage of the estate.
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The Affidavit of Heirship: What Surrogate’s Courts Actually Require
The same term describes two different documents. In Texas and similar title theory states, a recorded affidavit of heirship is curative title work that becomes prima facie evidence after five years on record. In a Surrogate’s Court, where heirship is unknown or contested, a notarized family history is not accepted as proof.
Norby Bandan, founder of HeirPros, compares what Texas, New York and Florida require, including the three year waiting period and diligent search standard in New York kinship proceedings. He closes with four practical steps for attorneys when an heir is missing or disputed.
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How to Vet an Heir Search Firm: The Eight Item Checklist
Vetting an heir search firm is risk management, not procurement. Norby Bandan, founder of HeirPros, walks probate attorneys through the eight item checklist to run before signing: pricing structure, conflict of interest, sample report, source citations, court testimony, international capability, documented methodology and a written timeline.
He also covers where vetting falls short: answers given verbally instead of in writing, sample reports that never get read, and conflicts of interest that get glossed over. The advice is to send the checklist in writing before the first call and to run every firm, including firms you already use, through the same questions.
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Forensic Genealogy Under Amended Rule 702: Why a Kinship Report Gets Excluded
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The Trust Beneficiary Nobody Can Find: Why the Trustee’s Clock Never Starts
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Court-Appointed Personal Representatives: When a Missing Heir Becomes Your Personal Liability
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Hiring an Heir Search Firm: The Vendor Choice That Becomes Your Liability
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Reasonable Search Standard: The Due Diligence Gap That Exposes Estates to Liability
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The Affidavit of Heirship: Why It Won’t Hold Up in Surrogate’s Court
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When to Outsource Heir Search vs Handle In-House: A Cost Analysis for Probate Firms
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Title Insurance and Heir Documentation: What Probate Attorneys Need to Know