Researching Work by a Deceased Artist: Estates and Foundations

Why researching a deceased artist is different

Researching work by a deceased artist changes the collector's questions. The body of work is complete, so supply is finite. The artist can no longer confirm whether a work is theirs. And authority over the work, including its authentication, reproduction and presentation, passes to others: heirs, executors, estates and foundations.

Understanding who holds that authority, and how it is exercised, is central to buying well. The same work can be treated very differently depending on whether an estate has catalogued it, whether a foundation has reviewed it, and whether any recognised authority has expressed a view at all.

Supply is managed as well as finite. Estates often control the pace at which unsold works are released, which can influence both availability and price.

The market for a deceased artist's work can also change character. Interest may rise after death as retrospectives and reassessments follow, or it may fade without the artist's own activity to sustain it. Neither outcome is predictable, which is one reason the quality of the scholarly work around an artist matters.

Estates, foundations and their roles

An estate is the legal entity that holds a deceased person's property, administered by executors on behalf of the heirs. For an artist, that property may include unsold works, archives, copyright and control over the use of the artist's name. Estates are sometimes represented by a gallery that handles sales of estate works.

A foundation is typically a separate organisation, often charitable, established by the artist during their lifetime or by the estate afterwards. Artist foundations vary widely. Some hold substantial numbers of works and archives, fund scholarship, support catalogue raisonné projects and make grants. Others are small and focused on one aspect of the legacy.

Either body may control copyright, which governs reproduction of the work. Copyright law differs between jurisdictions, and questions about reproduction rights should go to a qualified professional.

It is worth knowing which bodies exist for a given artist, who runs them, and whether they have a commercial relationship with a gallery. A foundation's principal activities and funding shape how it approaches research and the market.

Where an estate is divided among several heirs, or where heirs disagree, decisions about the work can become slower or less consistent. That can affect access to archives and the handling of research enquiries.

Authentication committees and their limits

Historically, some artists' foundations and estates operated authentication committees or boards that reviewed works submitted by owners and issued opinions. For certain artists, a letter from such a body became effectively essential for a work to sell through major channels.

Several prominent authentication boards have since closed, with some foundations citing the legal exposure and cost of issuing opinions that affect market value. Where a board has closed, the foundation may direct enquiries to a catalogue raisonné project, or may decline to offer any view.

A collector should therefore establish the current position for each artist rather than assume a process exists. Points to confirm include whether any body currently reviews works, whether opinions from a closed board are still accepted by the market, and what documentation major buyers and sellers expect. Letters issued in the past should be checked against the issuing body's records where possible.

Where no official body exists, an opinion from an individual expert can be valuable, but its weight depends on the expert's standing and on whether the market recognises it. A written opinion should state the basis on which it was reached.

Catalogues raisonnés and archives

For many deceased artists, the catalogue raisonné is the primary reference on attribution. Some are compiled by foundations or estates; others are independent scholarly projects. The Catalogue Raisonné Scholars Association offers resources on how catalogues are compiled, which help in understanding how a particular project reaches its decisions.

Archives are the underlying evidence. An artist's papers, correspondence, photographs, studio records, sales ledgers and exhibition files can confirm a work's history in a way no certificate can. Archives may be kept by a foundation, deposited with a university or research library, or placed with institutions such as the Smithsonian's Archives of American Art. Access policies vary, and researchers usually need an appointment.

Photographs taken in the studio during the artist's lifetime can be particularly useful, since they may show a work in progress or in its original setting.

For works with a longer history, particularly those that passed through the historical market, the Getty Provenance Index and similar resources can help reconstruct ownership chains from sale catalogues, dealer records and archival inventories.

What to check before buying

Posthumous production deserves particular care. Some estates authorise casts from existing moulds, or prints from existing plates or negatives, after an artist's death. These can be entirely legitimate, but they are distinct from lifetime works and are generally valued differently. Terminology and disclosure practices vary, so the precise status of a work should be established in writing.

Estate stamps raise similar questions. A stamp usually indicates that a work was in the artist's possession at death, often unsigned, and its meaning and weight differ from one estate to another.

Contacting the estate or foundation early also helps. Many respond to good-faith research enquiries, and their answer, or their decision not to answer, is itself information.

Beyond the standard checks, a work by a deceased artist warrants these specific questions:

• Was the work completed and signed during the artist's lifetime?
• Does it carry an estate stamp, and what does that stamp mean for this artist?
• Is it a posthumous cast, print or edition, and who authorised it?
• Does it appear in the catalogue raisonné, or has it been submitted for review?
• Does the estate or foundation hold any record of the work in its archive?
• Can its provenance be traced back to the artist, the studio or the estate?
• Has it been checked against a stolen art register?