Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
The first thing to determine is if a will ever went through the probate process. While you can do that yourself you may want to consider having a local attorney look into it. The records of the probate clerk would have to be checked to see if 1) a will was filed for probate and 2) an order was issued. The order would tell you whether any land that your grandmother owned was disposed of in the probate.
The lawyer may have to check several different probate clerks to determine if there was a probate.
If there was no probate then the lawyer will have to do a deed search in the land records to see if your grandmother actually owned any land at the time of her death. If she did, and no probate was done, then at that time they can visit with you about the different options to transfer the land to the heirs.
If there is land and no probate was done then there must be some type of probate process. That is because the land would currently belong to someone's "estate" and a probate is required to move title to that land from the estate to the heir. Without some type of probate then you could never have clear title to the land and never be able to sell or obtain financing on it.
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