After we published When Does the Executor Tell the Beneficiaries, many listeners and clients have asked: how does the court know who to notify?
Great question; the answer depends on who the heirs are.
If survived by many heirs
If the person who passed is survived by many heirs, the court relies on a system of checks and balances. The court sort of assumes that one of the other heirs will step up and say something is something is out of whack.
For example, let’s say that there are actually seven nieces and nephews, but only six people have signed off on the court papers. The assumption is that one of them would mention the missing seventh person. The court will likely rely on the fact that the family members will keep each other in check.
If survived by one close heir
Perhaps the person who passed is survived by only one heir, such as a sole spouse or an only adult child. The court needs an “affidavit of heirship” or “family tree affidavit.” This is a document that someone else must sign, swearing under oath that this is how the family tree looks. The person who signs the family tree affidavit can’t be the sole surviving spouse or child, or the sole heir’s spouse or child. So, who’s left? Usually you can use another relative (who doesn’t inherit), a longtime friend, or clergy.
If survived by distant heirs
“Distant heirs” can mean a couple different things. Your situation falls into this category if the family tree heirs involve first cousins or similar. It’s easy enough to prove that the person who passed had five children. But, once there are a certain number of distant heirs, the court needs proof of relationships. The court may require a genealogy report to prove complicated relationships. It is easier for the court to understand the family tree when it’s laid out on paper. In addition to the professionally verified genealogy report, the court may require a court-appointed third-party (usually the public administrator) to review and confirm the family tree. It is another method of checks and balances to make sure one side of cousins isn’t doing something to the exclusion of others.
In conclusion, you can’t go to the court to simply tell them who you are and get the estate moving. There are steps in place to keep people from doing so.