How to Find Property in Probate Court
In most states, when a person dies and leaves a will, it is the duty of the person in possession of the original will to deposit it with the local county court. The decedent's property that is subject to the will immediately becomes the property of the probate estate upon death. Either the will's executor or other interested person must petition the court to open probate proceedings and formally appoint the executor of the estate, whose responsibility it will be to take possession and control of the estate property. A report and accounting of this property must be filed with the court, which will be available for public review.
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Instructions
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Locate the courthouse where the probate proceeding are pending for the estate property you are interested in finding. If you have received any court documents related to case, the name of the court should be stated on the first page of the document. You can find the address for the courthouse online or in any available local directory that includes information for government buildings and offices.
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Go to the clerk's office for the probate court. Using the available public computer terminals, locate the case number for the pending probate case if you do not already have it. The public terminal will have a search feature where you can locate cases by name or filing date. The case should be locatable under the decedent's name.
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Take the case number to the filing clerk and request to review the court's file. The files are public records and are always available for viewing in the clerk's office during regular business hours. You cannot remove these files, so be prepared with a paper and pen to record the information you want from the files. You can obtain copies from the file be requesting them from the clerk. The clerk's office will probably have posted written procedures on how to do this.
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Look through the court file for any documents identified as an executor's report, accounting, inventory, appraisal or similar words indicating there may be information regarding property. There should be at least one such document, but several may have been filed. These documents will identify all the property of the estate that the executor has taken possession and control of after being appointed by the court.
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Tips & Warnings
Most states' probate laws include a provision providing for "special notice." You can file a request for special notice in any probate case. Once the request is filed and served on the necessary parties, including the attorney for the executor, you will receive copies of all documents in the case as they are filed with the probate court. This will include any report or accounting of property in the case.
