You can file a Petition to Determine Succession to Real Property. This A formal written request presented to a court which asks for some form of relief, such as a Petition to Probate a Will, or a Petition to Determine Title to Property. can be filed after 40 days from the decedent’s date of death, and should be filed in the county where the A person who has passed away. lived or where the Land and all things which are growing thereon, permanently attached thereto, or permanently erected thereon. Real property also includes easement rights. is located. The petition should also be signed by all people who are entitled to inherit any portion of the real property. The probate court will set a hearing on this petition.