Whether there was a will, and the state in which the estate is being probated, affects the answer to this question. Below is a list of some common scenarios, but for specific situations please contact the Land Department.
1. Owner died with a will (testate) and probate proceedings are to be conducted in the same state in which the properties are located.
WHEN PROBATE IS COMPLETE, send the following information to the Land Department.
- Certified copy of Last Will and Testament
- Order Admitting Will to Probate
- Letters Testamentary
- Final Decree of Distribution (if applicable)
- Recorded conveyances (if applicable)
- Copy of Death Certificate
2. Owner died without a will (intestate).
- Use the Affidavit of Heirship PDF version listed in IMPORTANT FORMS/ DOCUMENTS above
- Have it recorded in the county where the real property is located
Then send a copy to the Land Department.