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Grieving the loss of a loved one is hard enough, and families are lucky if they’re able to prepare in advance for the worst. What most families aren’t prepared for, though, are the predatory calls and letters that begin just weeks after filing probate paperwork – the records necessary to officially manage the estate and assets of the decedent.
Digital scams take advantage of families during this time. They rely on probate records in particular, as they contain sensitive information and are a part of the public record. Fraudsters pose as attorneys, debt collectors and estate service providers, each demanding the immediate payment of made-up fees. This is also known as the “inheritance trap.” It’s a growing kind of cybercrime where scammers exploit public probate records to target grieving families when they’re at their most vulnerable.
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The probate system’s problem with privacy
Probate is a normal, legal process of settling a deceased person’s estate, and in most state jurisdictions, these filings become part of the public record. While transparency serves legitimate purposes, it creates an opportunity for scammers. Probate documents typically include:
- Names and addresses of heirs and beneficiaries
- Detailed asset inventories and estate values
- Property descriptions and locations
- Names of executors and personal representatives
- Court dates and filing information.
These records are accessible to anyone, often through online databases that make bulk scraping simple. Criminals systematically monitor probate filings, building target lists of families who are emotionally vulnerable and potentially receiving significant inheritances.
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How to spot a probate scam
There are four common types of inheritance traps that use probate records as sources for their fraudulent claims:
The fake fee scam: Just like the DMV notice scam that claims the recipient has unpaid toll fees, scammers use probate data to pose as attorneys or court officials, claiming heirs owe fees to release inheritance funds. They create urgency with threats of legal action or frozen assets, demanding payment via wire transfer or gift cards.
The fake debt collector: Fraudsters send texts or make AI-generated voice calls, claiming that the deceased person owed debts that have to be settled immediately. They often have enough information from probate records to sound legitimate, pressuring families to pay non-existent debts.
The fake estate service: Scams that offer seemingly helpful services like “property appraisals,” “finding hidden assets,” or “estate clean-out services” can look like they offer reasonable deals. Some take payment and disappear—others perform unnecessary services that families never requested.
The “advanced fee” gift: Anyone who promises to expedite probate proceedings or secure larger inheritances for an upfront fee is probably in it to win it (for themselves). Some cases even involve disgruntled family members acting out of greed. These are not your run-of-the-mill remote scammers from a foreign country; these can be local “facilitators” who have no actual authority and simply pocket the money. If someone claims you have an inheritance coming, but they need “a fee to unlock it” or they promise to “handle your probate case” for a small upfront fee, you guessed it — nothing ever comes from it.
Why probate scams work
Grief is a beacon for fraudsters. With grief comes diminished critical thinking from even the hardiest of privacy diehards. Scammers deliberately strike during this window when defenses are low. A scammer who can reference your personal information, family information or property details doesn’t sound like a criminal, they sound like a legitimate professional. Scams often use the weapon of urgency — you have to purportedly act fast to avoid asset seizures, legal penalties or missed deadlines. When something demands immediate action, victims feel compelled to respond before verifying claims or consulting attorneys, which is exactly what fraudsters count on.
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How to protect yourself against the inheritance trap
The good news is that with awareness and a few smart steps, you can lower your risk of falling victim to inheritance scams.
1) Verify, verify, verify
Never send money or give information to an unsolicited contact about an estate. If someone claims you owe fees or have obligations, independently verify their identity or company. Contact the probate court directly using publicly listed numbers, not information provided by the caller. Ask your estate attorney about any claims before making payments.
2) Limit information sharing
In most jurisdictions, you can’t prevent a probate filing from going public. But you can minimize additional data exposure by not sharing anything on social media and limiting contact to only key parties that you trust with financial information.
3) Use personal data removal services
Data removal services specialize in removing personal information from data broker sites that scammers use to supplement probate data. Personal information combined with probate records create the perfect setup for inheritance traps—scammers can make super-convincing, alarmist content that can bypass your intuition about scams, especially during times of grief.
While no service can guarantee the complete removal of your data from the internet, a data removal service is really a smart choice. They aren’t cheap, and neither is your privacy. These services do all the work for you by actively monitoring and systematically erasing your personal information from hundreds of websites. It’s what gives me peace of mind and has proven to be the most effective way to erase your personal data from the internet. By limiting the information available, you reduce the risk of scammers cross-referencing data from breaches with information they might find on the dark web, making it harder for them to target you.
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4) Let them leave a voicemail
Legitimate attorneys and court officials will leave detailed messages and provide callback numbers you can verify independently by searching online. Unknown callers without legit numbers are likely scams.
5) Ask about your bank’s fraud detection
Set up appropriate fraud alerts and prevention methods with the bank or estate holder, especially if the estate holds a significant value that would be a golden opportunity for thieves.
6) Report inheritance scams immediately
You can report potential probate scams to your probate court. They can issue a special order to protect assets, require executors to adopt formal procedures or even remove an executor for fraudulent behavior. You can also go to ReportFraud.ftc.gov to file a complaint.
7) Share what you know
Ensure elderly relatives or those less familiar with scam tactics understand these risks. Scammers often target multiple heirs, seeking the most vulnerable respondent.
Kurt’s key takeaway
The probate system creates a privacy trade-off. You can’t prevent much of this information from entering the public record, but you can control how you respond, and how much personal data is out there. Any probate topics should come through official court channels, and never an unsolicited phone call, email or text message. When in doubt, verify with your probate court, and always consult your estate attorney. With a little vigilance and a bit of data cleanup, you can ensure that the probate process doesn’t put you in harm’s way, during the time when you’re at your most vulnerable.
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