Wills and Probate

[tavmar]

If the decedent's estate which included real estate property did not go through probate nor was there a will, does the only living heir (decedent's son) have to go through probate to record a release of interest in property or is recording the release at the recorder of deeds sufficient?

 

[dmode101]

Generally, probate is necessary. If the property is being sold, you *may* be able to use what's called a "bond in lieu of probate". This is issued by title companies and if memor serves will cost 2% of the value of the property. So, depending on the value of the property, this might or might not make sense.