The Search for Unclaimed Inheritance: A Probate Attorney’s Perspective
Many people wonder just how much inheritance remains unclaimed due to family members not knowing about the existence of wealth left behind by a deceased relative. While the answer is not definitively 'a lot,' my extensive experience as a probate attorney offers a perspective on this question. My years of practice in California (CA) and Washington (WA) have given me insight into how estates are managed and the measures that are taken to identify and locate beneficiaries.
Probate and the Identification of Beneficiaries
Probate is the legal process by which a court oversees the administration of a deceased person's estate. In many cases, a will is filed with the court, detailing who is to receive the deceased’s assets. However, the court also takes care to ensure that all potential heirs and beneficiaries are identified. If the deceased's will does not specify a complete list of beneficiaries, or if the precise location of certain relatives is unknown, the court can order the personal representative of the estate (often referred to as an executor) to hire a professional heir search firm.
These heir search companies are highly specialized and dedicated to their task. They employ a range of techniques to locate missing heirs, including public records, social media searches, and even doorstep investigations. Their goal is to ensure that no one is overlooked, and that all rightful claimants are given a fair chance to participate in the distribution of the estate.
The Extent of Unclaimed Inheritance
From my experience, the number of unclaimed inheritances due to undiscovered or unknown heirs is remarkably small. Throughout my career, which has spanned decades, I have processed countless probate cases, both in CA and WA. In not one instance have I encountered a scenario where an individual appeared after the probate process had been completed to claim an unidentified interest in the estate.
This is not to imply that there are no instances where unexpected heirs come forward; there are. However, these occurrences are few and far between, and they do not represent a significant portion of unclaimed inheritances. In most cases, the estate has been fully distributed according to the wishes of the deceased, as specified in their will, or by probate court order if no will was left.
Conclusion
While the idea of unclaimed inheritance can be appealing, the practical experience of many probate attorneys suggests that it is not as prevalent as one might think. The diligence of the probate process, the resources of professional heir search companies, and the careful administration of estates by personal representatives all contribute to ensuring that inheritances are distributed as intended. Nevertheless, the search for unclaimed inheritance continues to be an intriguing area of legal practice, and one that may hold potential for those who are willing to look carefully into their family histories.