Selling a property without probating an estate

[Ibrahim Hughes]

Hi All. Are there Any title companies out there known to allow some sort of affidavits from heirs to suffice for an official probating of an estate?

I understand that typically title companies like to see in the estate probated and a legal representative appointed before a property can be conveyed from the estate to another party. However I have seen rare instances, many years ago, where a title company allowed affidavits from heirs to take the place of an actual probate.

Any national title companies out there that might allow such a thing? In my particular case, the decedent passed away as a resident of Mississippi but owns a property in New jersey. Thanks in advance.

[Scott Wolf]

@Ibrahim Hughes, that will be an underwriter decision.  I did the title on a property last year where 4 underwriters wanted to get letters from probate court, but the 5th company did not care, so the transaction was not delayed.