When a loved one passes away, opening the estate is a mandatory step that can sometimes run into a major obstacle: the absence or ignorance of the existence of one or more heirs. Whether it is a distant cousin who moved abroad without leaving an address or a child born from a past relationship who was never mentioned, the notaire (civil-law notary) responsible for settling the estate finds themselves at a dead end. It is in this complex context, where inheritance law intersects with family history, that a professional working behind the scenes steps in: the généalogiste successoral (probate genealogist). Acting as a true family detective, their role is essential to unblock unclaimed estates and guarantee that everyone's rights are respected.
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Losing contact between members of the same family is an increasingly common phenomenon, accentuated by globalisation, geographical dispersion, and changing family structures (blended families, successive divorces).
When a notaire is appointed to settle an estate, their first mission is to draw up the list of heirs entitled to inherit. To do this, they rely on the deceased's livret de famille (family record book), civil status records, and any potential testamentary dispositions (wills). However, it sometimes happens that:
The notaire cannot close an estate and distribute the assets if there is any doubt regarding the existence or location of an heir. Indeed, their professional liability could be incurred if an excluded heir were to come forward later. According to *Article 730-1 of the Code civil (French Civil Code), proof of heirship can be established by any means, but the acte de notoriété (record of heirship) is the official proof. If the notaire* cannot identify all the beneficiaries through their own means, they must mandate a probate genealogist.
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The intervention of the probate genealogist and the status of the searched heir are strictly regulated by the Code civil and French case law.
An heir does not have an infinite amount of time to come forward. *Article 780 of the Code civil states that the option to accept or waive an inheritance expires after 10 years* from the date the estate is opened.
If an estate has been distributed in the absence of an heir whose existence is revealed later, the latter has an action known as a pétition d'hérédité (petition for inheritance). This action allows them to claim their share of the inheritance from the other co-heirs who took possession of the assets, whether in good or bad faith.
The genealogist does not act on their own initiative. They generally operate under a written mandate issued by the notaire, in accordance with Article 36 of Law No. 2006-728 of June 23, 2006, which reformed successions and liberalities. This mandate gives the genealogist the legal authority to consult civil status registers that are less than 75 years old and public archives, thereby derogating from ordinary privacy and confidentiality rules.
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The search for a missing heir follows a rigorous protocol, from the initial referral to the genealogist to the signing of the disclosure agreement.
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[Notary notes the absence] ➔ [Mandate given to genealogist] ➔ [Investigation & location] ➔ [Disclosure contract] ➔ [Settlement of the estate]
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When the notaire realizes they lack the necessary information to draft the acte de notoriété, they sign a search mandate for the benefit of a probate genealogy firm. This mandate specifies the identity of the deceased and the first known details.
The genealogist begins their detective work. They consult:
This phase can last from a few weeks to several months, or even years for the most complex cases.
Once the heir is identified and located, the genealogist contacts them. To protect their work and ensure they get paid, the genealogist does not immediately reveal the identity of the deceased or the amount of the estate. They offer the heir a contrat de révélation de succession (estate disclosure contract).
Through this contract, the genealogist agrees to reveal to the heir the existence of an open estate in their favor and to defend their interests. In return, the heir agrees to pay them a percentage of their net share of the estate's assets.
Once the contract is signed, the genealogist sends the proof of the family tree and devolution to the notaire. The heir is then represented (often by the genealogist themselves via a power of attorney) for the signing of the distribution deeds and the receipt of their funds.
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Using a genealogist involves specific financial and time aspects that you should be aware of:
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To better understand the financial impact of a genealogist's intervention, here are two concrete simulations.
Jean passes away in Lyon with no direct descendants or will. The notaire identifies a sister who died before him, but does not know if she had children. He mandates a genealogist. After 4 months of searching, the genealogist finds Marc, the son of Jean's sister, who lives in Brest and had lost touch with his uncle for 30 years.
Sophie passes away in Paris. She has no close heirs. The genealogist traces the maternal branch and discovers a first cousin who emigrated to Canada in the 1970s. This cousin has passed away, but left behind two children, Julie and Thomas.
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If you are contacted by a genealogist or if you are facing a blocked estate, avoid these common pitfalls:
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Yes. The notaire is bound by professional secrecy and by their agreements with the mandated genealogist. If you refuse to sign the disclosure contract, the genealogist will not forward your file to the notaire, and the latter will not be able to include you in the acte de notoriété.
The disclosure contract always includes a deficit guarantee clause. The genealogist guarantees that their fees will never exceed the amount of the net assets returning to you. Therefore, you can never end up in debt or have to pay out of pocket to inherit.
Yes. If you believe that the requested fees are clearly excessive in relation to the work performed (for example, if you were very easy to find), you can petition the Tribunal judiciaire (Judicial Court) to request a reduction in fees based on Article 1118 of the Code civil (lesion) or case law relating to mandates and gestion d'affaires.
Yes. If no heir comes forward within a period of 30 years (the limitation period for the State's property claim action), or if the estate is declared vacant and no successor is identified, the assets are claimed by the State. This is known as a succession en déshérence (escheat/unclaimed estate), in accordance with *Article 811 of the Code civil***.
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