The Attorney’s Guide to Working with Professional Genealogists on Intestate Estates

When a person dies without a will, the attorney handling the estate is tasked with identifying and documenting the rightful heirs. In theory, that sounds simple — but in practice, intestate estates can unravel into complex puzzles involving multiple generations, name variations, immigration patterns, and fragmented records.

That’s where a professional genealogist becomes your strongest ally.

This guide explains how — and why — attorneys and genealogists work hand-in-hand to resolve intestate estates efficiently, ethically, and defensibly.

1. Why Attorneys Turn to Professional Genealogists

When next of kin are unknown or untraceable, attorneys must demonstrate “reasonable diligence” in locating heirs before petitioning for estate distribution.

A professional genealogist provides that diligence — backed by evidence laid out in court ready documentation.

Professional genealogists don’t rely on family stories or online trees. We analyze historical records, court filings, census data, immigration manifests, and vital records to build a legally sound picture of kinship.

In probate cases, accuracy isn’t optional — it’s the foundation of your case. Partnering with a credentialed genealogist ensures the court receives documentation that meets genealogical proof standards and holds up under scrutiny.

2. The Genealogist’s Role in an Intestate Case

An experienced probate or forensic genealogist can assist in several critical ways:

• Heir Identification: Locate and verify all potential heirs across maternal and paternal lines, including descendants who may have moved or changed names.

• Lineage Documentation: Prepare detailed family trees, lineage charts, and summaries that visually clarify relationships for the court.

• Evidence Collection: Obtain and certify birth, marriage, and death records from U.S. and international sources.

• Affidavit Preparation: Provide sworn statements or expert affidavits establishing kinship and the chain of descent.

• Expert Testimony: When necessary, testify to the accuracy of findings or the validity of records used.

The genealogist’s role is to supply proof, not assumptions — helping attorneys meet their burden of diligence and accuracy.

3. What Attorneys Should Expect from a Professional Genealogist

When working with a reputable genealogist, you should expect:

• A clear scope of work. Each case begins with an agreed-upon objective (e.g., locate all heirs of a decedent, document lineage to the great-grandparent level, etc.).

• Transparent communication. Regular progress updates, estimated timelines, and cost controls should be built into the process.

• Court-ready documentation. Reports must include citations, certified copies, and clear summaries that can be submitted as exhibits.

• Confidentiality. A professional genealogist treats all case materials as confidential legal work product.

• Accountability. Results are based on verifiable evidence, not assumptions or crowdsourced data.

When these elements are in place, the collaboration between attorney and genealogist is seamless — and defensible.

4. How to Choose the Right Genealogist for Probate Work

Not all genealogists are qualified for legal cases. Look for:

• Experience in probate, heirship, or forensic genealogy

• A reputation for producing court-accepted reports

• Ability to testify or provide affidavits

• Clear, professional communication — and an understanding of legal expectations

5. Why the Collaboration Benefits Everyone

When attorneys and genealogists work together, estates close faster, challenges are minimized, and fiduciaries gain confidence in the outcome.

Judges and clients notice the difference.

Attorneys gain a trusted expert who supports their due diligence, and genealogists gain access to legal records and context that strengthen research conclusions. It’s a symbiotic partnership — and one that protects everyone involved.

6. Partnering with Me

I’ve partnered with law firms and attorneys nationwide to locate missing heirs, document kinship, and prepare reports that meet court standards. I understand the intestate laws of the individual states and have template ready documents that I have refined over my decade of work. I have learned what works best for everyone, however I easily adapt to whatever template you prefer.

I handle every stage — from initial intake through affidavit preparation — ensuring your case is supported by certified, defensible documentation. There may be instances where I bring on another certified genealogist to help when needed, so that work doesn’t have to pause.

My motto is simple: Research. Report. Repeat.

In Summary

In intestate estates, every link matters.

A professional genealogist isn’t just a researcher — they’re an essential part of your legal team, helping you meet your ethical duty, protect your client’s interests, and avoid costly probate challenges.

Need to verify heirs or document an estate?
Contact me for nationwide heir research and court-ready documentation.

👉 www.ligenealogist.com