When the genealogist leads the investigation...

Divorces, remarriages, expatriations for professional reasons, isolation of the elderly... the notion of "traditional" family has considerably evolved in a short time. It is not uncommon to lose contact, or even to be unaware of the existence of several members of one's family. At the time of a death, the notary in charge of the settlement of the estate sometimes has difficulty finding the heirs. The only solution for him is then to mandatean estate genealogist. Like an investigator, he will follow all the leads to find the heirs.

With the genealogist, it's Mission Possible

The mission of the probate genealogist is to find the heirs of a deceased person with no known heirs or where only some of the heirs are known. This happens more frequently than it seems. Indeed, the family record book does not always provide all the necessary information.
In addition, the deceased may have voluntarily or involuntarily broken off all contact with certain branches of his or her family. Sometimes even with close relatives such as brothers and sisters. The notary can only settle the succession in the presence of all the heirs. Faced with these increasingly frequent societal phenomena, the notary is sometimes at a dead end and comes up against a real inheritance headache. The probate genealogist will then be an important ally. Like an international "Hercule Poirot", he will carry out his investigation and follow in the footsteps of the heirs. He will go back in time, ask questions, get information, cross-check information. In short, he will do real detective work to find everyone.

A legal professional

The probate genealogist masters the mechanism of inheritance as well as the tax consequences that may result from it. His research can take him far beyond France. He must therefore be familiar with foreign legislation.

Working methods worthy of a detective

The genealogist carries out meticulous work to establish the family tree that will enable him to identify the beneficiaries of an estate. He consults not only the registers of the civil status, but also the public archives of all kinds (cadastre, notarial acts, military registers...).
In order to carry out his investigations, the genealogist sometimes becomes a real detective, not hesitating to go through the family archives to find information, or to carry out his investigation in the field to glean information from the deceased's neighborhood. This may require him to travel all over France and even abroad.

Good to know

The profession is governed by art. 36 of the law of June 23, 2006: "Except in the case of estates subject to the regime of vacancy or escheatment, no one may engage in or assist in the search for a heir in an open or closed estate.heir in an open estate or in an estate where an asset has been omitted at the time of the settlement of the estate if he does not hold a mandate given for this purpose".

The conclusion of the investigation

As soon as the genealogist finds a lead that turns out to be the right one, he will send the heir what is called in legal language "a disclosure contract".
This document informs the lucky "chosen one" of his or her status as heir and details the relationship between the genealogist and the signing heir.
It informs him about the guarantees provided by the genealogist: guarantee not to be involved in a deficit estate, not to be liable for debts contracted by the deceased before his death and which would be greater than the assets, commitment by the genealogist not to ask for any sum from the heir in any capacity whatsoever or any advance. It also determines the genealogist's remuneration if the succession file is completed. The heir must initial and sign this document and return a copy to the genealogist. The heir has a right of withdrawal which can be exercised within 14 days from the date of signature.
If the heir agrees, he can also sign a "power of attorney" in favor of the genealogist.
This document authorizes the genealogist to represent theheir during the liquidation and distribution of the estate. The heir does not have to go anywhere unless he wants to. He is not obliged to go to the notary's office or to meet his co-heirs. The power of attorney allows the genealogist to sign all necessary acts and documents in his place.

The question of fees

The genealogist's fees are indicated in the disclosure contract. The percentage of the fee depends on the degree of relationship between the heir and the deceased. Indeed, the more distant the degree of kinship, the more important and time-consuming the research will be.
The percentage paid to the genealogist is on average between 20% and 40% (excluding tax) of the net estate assets, i.e. after deduction of inheritance tax and various expenses related to the opening and settlement of the estate.

Marie-Christine MENOIRE