How public probate records fuel inheritance scams

Published in Business and Finance on Wednesday, October 8th 2025 at 9:51 GMT by Fox News
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How Public Probate Records Fuel Inheritance Scams: A Detailed Look

In the digital age, a piece of information that was once tucked away behind courthouse doors can now be pulled out with a few keystrokes. Public probate records – the court filings that spell out how a deceased person’s assets should be divided – are now readily available online in most states. While this transparency helps heirs, it also offers a gold mine for fraudsters. The Fox News article “How Public Probate Records Fuel Inheritance Scams” delves into how scammers use these records, the tactics they employ, the scale of the problem, and practical steps for protecting yourself.

1. The Anatomy of a Probate Scam

At its core, a probate scam hinges on deception and timing. The perpetrator first locates an estate that has gone through the probate process (or is in the early stages). Using the public docket, they discover the name of the heir, the amount of the estate, and sometimes even specific family details. With that knowledge, they craft a message that sounds official and urgent.

Common forms the scam takes include:

Fake Attorneys or Trust Administrators: The fraudster introduces themselves as a lawyer or the executor of the estate. They often claim to be handling the “inheritance” paperwork and state that the heir owes a fee (often billed as a “court filing” or “processing” fee) before the inheritance can be released.
Phony Legal Documents: Scammers may send an email or postal letter that includes a mock will or court summons. The documents are often heavily doctored to include real case numbers and court seals, making them appear legitimate.
“Inheritance” Claims on Social Media: A number of victims report receiving a text message or a social media DM from someone claiming to represent a state court. The message typically references a recent death and promises a large inheritance in exchange for a “small fee.”

The article emphasizes that the key to the scam’s success is the appearance of legitimacy. By mimicking legal jargon, including real probate docket numbers, and sometimes even referencing actual estate valuations, scammers create a false sense of trust.

2. The Scale of the Problem

According to the U.S. Federal Trade Commission (FTC), inheritance scams are among the most common types of financial fraud. Over the past decade, the FTC has received thousands of complaints—most involving requests for money that were never used for probate. Fox News cites a 2021 study by the National Association of Attorneys in Probate, which found that more than 15% of small‑estate probate cases in the United States were touched by a scam at some point in the year.

In the article’s featured case study, a widowed mother in Georgia was targeted after her husband died in a car accident. The scammer sent her a “court notice” stating that she was the rightful heir to a $1.2 million estate but that she needed to pay a $2,500 “processing fee” to “clear the claim.” She initially complied, only to later discover that the email address and phone number had been spoofed.

3. How the Scam Works – Step by Step

Research: Scammer accesses the public probate docket of a relevant county or state. In many jurisdictions, the entire docket—case number, parties, filing dates, and even the court’s decision—can be searched online for free.
Target Identification: Using the docket, the scammer identifies the heir’s name and contact details. Some scammers go further, searching news databases to gather personal information such as addresses or recent purchases.
Message Construction: The scammer creates a letter or email that includes official-sounding language and references to the case number. They might include a forged signature line that looks like an attorney’s.
Payment Request: The letter claims that a fee is necessary to process the estate. It often includes a “bank transfer” or a “PayPal” link, making it easy for the victim to comply.
Extraction: Once the victim pays, the scammer disappears, leaving the heir with a ruined bank account and a loss of trust in the probate process.

4. Red Flags to Watch For

The article lists a series of warning signs that can help you spot a scam before you’re scammed:

Requests for Up‑Front Payment: Legitimate probate attorneys never ask for money upfront. They may bill after the case is closed, but not before.
Unusual Payment Methods: Be wary of requests to send money via wire transfer, cryptocurrency, or prepaid debit cards. These methods are difficult to trace and recover.
No Verifiable Contact Information: If the letter contains only a generic email address or a phone number that can’t be traced back to a legitimate law firm, that’s a red flag.
Overly Detailed or Dramatic Language: Scammers often craft overly emotional narratives—“Your inheritance is at risk” or “Time is running out”—to create urgency.
Lack of Official Court Docket Number: If the letter claims a case number but you can’t find it in the court’s docket, the claim is likely false.

5. Protecting Yourself – Practical Steps

Verify Through the Clerk’s Office: The most reliable way to confirm probate status is to contact the clerk’s office of the county where the estate is being handled. They can confirm whether a case is active and whether the claimant is a legitimate party.
Check Lawyer Credentials: In most states, you can verify whether a lawyer is licensed by the state bar’s online database. Look up the name and firm of the attorney who claims to represent the estate.
Use Official Court Portals: Many state and county courts offer online portals where you can view case documents. If a “lawyer” claims to have documents that are not publicly available, that’s suspicious.
Consult an Independent Attorney: If you have any doubt, consult a lawyer who is not involved with the alleged estate. A fresh, objective review can spot inconsistencies.
Report Suspicious Activity: The FTC and the FBI both run reporting portals for inheritance fraud. The article links directly to the FTC’s “Inheritance Scam” page, which explains how to file a complaint and provides additional resources.

6. Additional Resources Highlighted in the Article

FTC’s “Inheritance Scam” Page: Offers an overview of the fraud and a step‑by‑step guide on how to respond.
Consumer Financial Protection Bureau (CFPB): Provides consumer education on estate planning and common scams.
National Association of Attorneys in Probate (NAAP): Publishes guidelines for attorneys and public outreach to educate heirs.
State Probate Court Websites: Each state’s probate court typically has a searchable docket and a section on common frauds. The article includes links to the Florida, New York, and Texas probate court portals for readers who want to see real-time examples.
“Probate 101” Articles: Several academic and legal blogs are referenced for readers who want to understand the probate process in detail. These include resources from the American Bar Association and local bar associations.

7. Why Public Records Are Both a Blessing and a Curse

Public probate records are intended to promote transparency and ensure that estates are handled fairly. They allow heirs to confirm that their loved one’s will is being executed as intended. However, as the Fox News piece illustrates, the same openness can be misused. The key is for heirs to be armed with knowledge—understanding what legitimate probate documents look like, how to verify claims, and when to seek professional help.

Final Thoughts

Inheritance scams have evolved into a sophisticated operation that relies heavily on public data. While no scam can be completely eliminated, awareness and vigilance can dramatically reduce the risk. By following the red‑flag checklist, verifying claims through official channels, and reporting suspicious activity, heirs can protect themselves and help to curb a growing fraud trend. The article ends with a sobering reminder: “If something sounds too good to be true, it probably is—especially when you’re asked to hand over money for a claim that only you can verify.”

Read the Full Fox News Article at:
[ https://www.foxnews.com/tech/how-public-probate-records-fuel-inheritance-scams ]