If there is a part in the chain of title that is a lapse, indicates a probate, or I am told that the current owner, one or more persons could be deceased, I will check probate records. Otherwise I do not - and the reason being - some of the counties in Texas - Collin County being one of them - the probate records are across town from the land records along with the county courts. However, for district court cases - you have access in the next building and even though county courts are in the same building across town that probate records are in they have interwined the computers to allow county court cases also. The probate department does not have remote access from this site and you must travel across town. I always of course check the real property records for any kind of Heirship Affidavit, etc. which are filed when a case is completed.
If a person has asked to refinance or is selling the property, the person taking the loan application and/or the real estate agent should in all cases note that the property is in 2 names and that the sale or new paperwork will be in the surviving spouses name. The agent or loan officer would become aware of this information when she asks for signatures to the sales contract and/or loan application respectively. That, I believe should be passed on as part of the order and I have never had where that was not the case. I think responsibility should fall at the right level and not always on the abstractor.
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