With the proper supporting materials, the district registrar will accept a discharge signed on behalf of a deceased mortgagee/caveator by the executor(s) named in an unprobated will. The following is a summary of the materials required:
1. The death certificate from the Vital Statistics Agency for the mortgagee/caveator.
2. The original or a notarized copy of the will.
3. An affidavit from the executor named in the will, confirming:
i. That the testator named in the will and the party named in the death certificate is one and the same person as the mortgagee/caveator in the mortgage/caveat to be discharged;
ii. That no other will has been found and the will attached as evidence is believed to be the last will and testament of the mortgagee/caveator;
iii. That the will has not been probated in any jurisdiction and that there are no other assets of the estate or circumstances that would require the will to be probated;
iv. That to the best of their knowledge, the will has not been revoked, either by the testator or by operation of law;
v. That the testator did not marry subsequent to the date of the will;
vi. That the mortgage debt is paid in full; and
vii. The identity of all heirs.
4. Consent of the heirs named in the affidavit to the execution of the discharge by the executor.