A Step-by-Step Guide to Probates

Probates and intestate succession are some of my favorite topics when it comes to title. Compared to documents that you can find of record in the recorder’s office, they can also make it a little more complicated. Let’s start with the basics.
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Ask Yourself The Following Questions:

1. Did the decedent have a probate filed in the county where the property is located? 
If so, get a copy of it and skip to question #5.

2. If not, what is your client/employer’s policy for requesting probates outside of the county you are working in? 
Follow their instructions.

3. In what other counties may the decedent have filed his/her probate? 
In accordance with the instructions above, check for it there, if applicable. If you find it, request a copy and skip to question #5.

4. If there is no probate of record, what year did the decedent die and what were the laws of intestate succession at the time of his/her death? 
Research the decedent’s heirs and credit the interest according to the relevant law at the time of the decedent’s death. Continue running title.

5. Were there any cases in which the decedent’s will was found to be invalid or overturned and if so, what was the court’s final determination?
Credit the interest in accordance with the final judgment. Continue running title.

6. Otherwise, to whom did the decedent leave the property in his/her will? 
Credit the interest to him/her. Continue running title.

7. If there was not a specific devise, to whom did the decedent leave “all rest residue and remainder? 
Credit the interest to him/her. Continue running title.