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I am the only son of a recently deceased father. I have a signed and notorized Last Will and Testament saying only I shall inherit the property and debts.I have been paying the mortgage and taxes on the property through a trust account since his death 6 months ago. I was told by my title company I have to go through probate. But another title company said if I had a will and death certificate, I could just refinance. Do I HAVE to go to probate? The property is located in bend,oregon. Also, the ex wife of 10 years ago is remarried and can sign an affidavit stating that she has no part in the inheritence. It shouldn't be so difficult. In clear black and white says I will inherit the home and all debts. why are some title companies different?

Optional Information:
bend, Oregon

Already Tried:
everything and i can't get a solid answer from anyone.

Customer (name blocked for privacy)

Wills are subject to the jurisdiction of Probate in the state were your father had his will filed. The purpose of Probate is to transfers legal title of property from the estate of the person who has died (the "decedent") to his or her proper beneficiaries by making sure there was a proper will created and proper distribution of property. The only way to avoid probate would have been if your father had a living trust in place along with his will. The will alone will not avoid the process of probate.

I have no answer as to why you received misinformation from these title companies. Be aware that they are not supposed to provide you with legal advise to begin with as they are not licensed attorneys. What you need to do now is to contact the probate department where your father passed away and begin the process. You are also advised to speak with an estate attorney for further guidance and to protect your interests.

Edited by lawNinvest on October 13 2006 at 7:44 PM

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