What must be verified when examining a chain of title if the title owner has died?

When examining a chain of title after the title owner has died, it is crucial to verify multiple aspects of the situation to ensure the proper transfer of ownership and to maintain the integrity of the title.

First, proof of the decedent's death is necessary to confirm that the individual listed as the title owner is indeed deceased, as this affects the legal standing of their ownership and any subsequent transfers. Next, understanding whether the decedent died testate (with a will) or intestate (without a will) is important, as this determines how the decedent's assets will be distributed. The presence of a will generally provides clear instructions on the transfer of ownership, while intestacy laws dictate how assets will be allocated among heirs.

Additionally, verifying proof of heirship and the identities of heirs at law is critical. This involves establishing who the rightful heirs are, based on the applicable laws of descent and distribution. This ensures that any transfer of title reflects the true ownership as dictated by the decedent’s wishes or by law if there is no will.

Given that all these factors are essential to accurately assess the chain of title and ensure lawful possession of property, it is clear why all of the stated items must be verified when a title owner has passed away