Without a doubt... we always check probate on every search. If you have a husband and wife in title and the husband passes away your client will look like a real "fool" at the closing table when they present documents to the widow and explain to her that her husband has to sign.
The client really needs to know this in advance so they can take care of things. Maybe if the property is held in survivorship they can get a copy of the death certificate and prepare an Affidavit of Surviving Spouse, or at least get in touch with the probate attorney to coordinate things.
Even if an Executor's Deed is filed, we review the case to make sure that the executor had the authority to sell the property and the estate taxes were paid, if any were owed. An improper probate case is every bit as much a title defect as a missed lien.
A good examiner needs to understand probate and make sure that everything was property handled to ensure that the current owner received good title.
As for judgments, and pending suits, we check the county clerk of courts office. Again... on every search.
Best,
Robert A. Franco
SOURCE OF TITLE
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