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Updated almost 12 years ago on . Most recent reply
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Probate Property Question (property deeded to heirs)
If the property has been deeded over to one of the heirs it is no longer considered an estate property correct?
For instance if Jane Smiths property on 123 Green Street is going through the probate process it is still an estate property. However, fast forward a couple months past probate court and the estate has been deeded over to one of the heirs, now the property is no longer in probate or an estate correct?
Most Popular Reply
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I like to think of any death lead as a probate lead. I know technically that unless the estate falls under the jurisdiction of the probate court it is not a official probate lead. Who cares, your can sort out the legal status later, the goal is the lead. Now however as Marie stated many things do not reach the probate court because a property could be held in a trust or bypass probate because of joint tenancy, etc.
However some of the estate could still be subject to probate and if you check the probate file the real estate is not listed because it is out of the jurisdiction of the probate court. I have bought several properties that never hit probate. Enough that I moved my initial search to obits instead of waiting for a probate to be opened and I suggest if this is one of the areas you work, you do the same.