Heir Hunters and Probate Genealogists: Should You Sign Their Contract?

A letter or call arrives from a company saying you may be entitled to an inheritance from someone you barely knew, and that they can help you claim it for a fee. It may be real. It may also be confusing, urgent in tone and short on details.

This article helps you check the claim independently, understand what a fair contract should make clear, and decide whether you need the firm at all. Contract terms vary widely, so a lawyer should review the specific document.

What these firms do

Heir hunters, also called probate genealogists, research family trees to find people who may be entitled to share in an estate. Some are hired by the estate trustee to find heirs. Others approach a relative directly and offer to prove the relationship and manage the claim in exchange for a fee.

Both kinds of work can be legitimate. The key is to understand who hired them, what they are offering you, and whether you need them to obtain what you are already entitled to.

Check the claim before you sign anything

• Ask the firm for the deceased's full name, date and place of death, and how they say you are related.
• Ask who engaged them, such as the estate trustee or a lawyer, and get the trustee's contact details.
• Contact the court office where the deceased lived or held property to find out whether an estate trustee has been appointed.
• Ask whether there is a will, and note that wills can be searched through the deceased's lawyer, relatives, online will registries, or court records.
• Do not send identity documents, family records or banking details until you have verified who you are dealing with.
• Do not feel pressured by a tight deadline in a letter. Take time to check.

If you are genuinely entitled to a share, the process expects the applicant to send beneficiaries a signed copy of the application before filing. That means a properly run estate has its own route to reach you, which does not depend on a private company.

Understanding where you might fit in the estate

If there is no will, the estate generally goes to the spouse and closest next-of-kin under the Succession Law Reform Act. A spouse or common-law partner has first right to apply, followed by a close adult relative such as a child, parent, grandchild, sibling, or nephew or niece.

A distant relationship may mean you are not entitled at all if closer relatives exist. If a firm says you are due a share, ask them to show the family tree and explain the reasoning. A lawyer can check it against the rules.

Reading the fee terms

Fees are a matter of contract, so read every line. Many such arrangements charge a percentage of what you receive, but the details vary, and you should confirm exactly how your agreement works.

What you actually inherit is usually smaller than the headline estate value. Estate administration tax is $15 per $1,000 of value above the $50,000 exemption. Funeral expenses, lawyer's fees, credit card debt and similar costs cannot be deducted when calculating that tax, though they remain real costs to the estate. So a percentage fee based on the gross estate could take a bigger bite than one based on your net share.

What to do next

• Keep all letters and emails and note the date of each call.
• Verify the estate through the court office rather than relying on the firm's word.
• Contact the estate trustee directly if you can identify them.
• Have a lawyer read the contract, and the family tree evidence, before signing.
• Where you stand if you decide not to sign depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions