Posted by John Merchant on May 19, 2006 at 12:39:06:
Yes.
If a will is found but never probated, it’s actually non-existent because it’s then not in public records and of no effect…if it stays in the family’s file cabinet how could it be known to deed records, etc.?
A title examination of realty won’t find any un-probated will, but one that has and has been court “admitted” into probate definitely changes any RE title (on any RE mentioned in the will)