How to Access Courthouse Records of Property in Probate

Most documents in probate court are public record.

After a person dies, the distribution of his assets and payment of his remaining debts is often handled in a county probate court. Probate courts deal with last wills and testaments when such documents are filed, but if no will is on file, the court takes it upon itself to handle what remains of the deceased's estate. Probate court documents must be available for public inspection under state and federal Freedom of Information Laws that require taxpayer-funded entities to be transparent.

Things You'll Need

• Newspaper legal notices

Instructions

1. Watch your local newspaper notices for legal notices containing probate court announcements. Courts publish such notices to reach creditors and others who may have an interest in someone's estate. An executor of the will, whether it is someone previously appointed by the deceased, or recently appointed by the court judge, should be named in the legal notice. The notice may also have a case filing number and may or may not have information about upcoming hearings.

2. Visit the courthouse and bring the legal notice, if one was published. The records you are looking for should be filed under the executor's name and/or the name of the deceased. Ask for the Petition of Probate first, which--according to EstateFinance.com--would be filed in the county where the decedent resided at the time of death. After the petition is filed, the court should at least have a hearing scheduled to discuss distribution of assets and payment of debts. However, that hearing may not take place for a month or more after the petition is filed, so additional records may not be in the file yet. A copy of the notice of probate hearing--which is sent to the decedent's heirs and others mentioned in the will (if one was filed)--should also be in the file.

3. Return to the courthouse closer to the hearing date. By then, there should be a list of the deceased's debts, assets and an assessed value of her property. There may also be documented opposition from creditors or others who were not included in the will stating that they have a legal right to some of the deceased's property. After the will is read or the probate court judge issues an order regarding distribution of assets, the executor must maintain financial records involving the estate, including a description of any remaining money and assets after creditors have been paid.

References

• EstateFinance: Petition for Probate