Quote:
Originally Posted by danglanzsr
The purpose of filing deeds and proving that a will is, in fact, the last will and testament of a deceased real estate owner has been in place in England and the USA for over a thousand years. The purpose is to establish and maintain records that clearly and unequivocally establish a “chain of title” that anyone can follow to identify the true owner of real property. Any document, such as a “private will”, whatever that is, that is not proven to be the deceased’s last will and testament and recorded in the office of the local clerk of court and would break the chain of title.
Similarly, sale of real estate by a surviving child of the previous owner without probate and recordation of a court order establishing that the child has the authority to sell the property would not preserve the chain of title.
Real estate is unique and always has been.
BTW, Florida requires that any probate proceeding involve an attorney. There no such thing as a DIY estate settlement in Florida.
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I don't know about England, but I have a will and it is not recorded with any Government entity. When I prepared my latest will, I had a prior will that I prepared myself using online software. And, as I understand it, I can prepare a new will anytime I want that would make the old will null and void. So, it seems impossible to prove that a will is the last will that was prepared.