I can understand that it may be inconvenient to have to visit another location to complete a title search, but it is still necessary.  We have some counties where some offices have moved out of the county courthouse, and some have relocated a fair distance away.  However, we always go there before we complete the search.  We just try to schedule that on our way out of town, or into town the next day if necessary.

"The documents that are available for examination may vary, but they must be sufficient for an examiner to be legally satisfied as to the status of title."  When you consider that probate has a significant effect on the status of title, how can you be sure of the status of title without a proper search of the probate records?

"A decedent's property passes to his or her heirs at law or devisees immediately upon death, subject in each instance, except for exempt property, to payment of debts, including estate and inheritance taxes.  Notwithstanding the passage of title at death, if letters of testamentary or letters of administration are issued, the personal representative of the estate has the right to possession and control of the estate assets for purposes of estate administration.... A will is not valid to pass title until it has been probated."

Therefore, if one of the owners has recently passed away you would have no way of knowing who has the power to sell, or encumber, the property without a review of probate.  I don't think it is realistic to expect the seller/borrower to understand the affect a death of an owner may have on the title, nor would it be safe to assume that the loan officer would be aware of the situation.  More often than not, we locate the estate in the course of the title search and we make our client aware so they can properly handle it.

I don't think you can ever consider a title search complete without a search of the probate records. 

Best,
Robert A. Franco
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