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  1. #1
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    Nov 2018
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    Default How Do You Get Title Insurance for a Testamentary Transfer of Real Estate

    My question involves real estate located in the State of: Arizona

    Does Arizona law always require that title companies be provided with the original will when changing the property deed during the transfer of ownership of real property in the manner dictated by the will, or can a copy or certified copy of the will be ever be used?
    What is recommended in a situation where the original will cannot be located, but a copy of the will can be provided, and the law office that wrote the will could potentially be able to certify?

  2. #2
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    Default Re: Does Arizona Law Always Require Title Companies Be Provided with the Original Wil

    Not my area of expertise, but how to you prove that is the current will? Or that a different set of attorneys was not used? Also, wills generally means probate, so there is generally a judge involved at some point, and ALL beneficiaries get heard from. I was trustee when my parents died and I had three different copies of wills in my drawer. Fortunately my father had a copy in his safety deposit box along with a letter saying this was the current copy. And he had talked to the bank when he did it so that the bank also had a copy of the trust document (which actually said the word "will" several times).

  3. #3
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    Oct 2014
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    Default Re: Does Arizona Law Always Require Title Companies Be Provided with the Original Wil

    Quote Quoting copper7
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    My question involves real estate located in the State of: Arizona

    Does Arizona law always require that title companies be provided with the original will when changing the property deed during the transfer of ownership of real property in the manner dictated by the will, or can a copy or certified copy of the will be ever be used?
    Arizona law does not dictate what title companies require before issuing a title insurance policy. But the title companies cannot get the original will; the original needs to be filed with the probate court. The title company should accept a copy certified by the court as the one filed for probate.

    Quote Quoting copper7
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    What is recommended in a situation where the original will cannot be located, but a copy of the will can be provided, and the law office that wrote the will could potentially be able to certify?
    So no original will was filed with the court? If that is the case, you have a problem. In general the original is required for probate. And if you can't get a will lodged for probate, the terms of the will are irrelevant.

  4. #4
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    Mar 2013
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    Default Re: Does Arizona Law Always Require Title Companies Be Provided with the Original Wil

    Quote Quoting copper7
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    What is recommended in a situation where the original will cannot be located, but a copy of the will can be provided, and the law office that wrote the will could potentially be able to certify?
    When the original of the will cannot be located it is presumed to have been destroyed by the testator. There are rare occasions when a copy of the will may be accepted for probate but this is probably a complex and expensive process.

    The lawyer at that law office is the one to seek advice from on the matter.

    Otherwise the estate will have to be probated under intestacy and the heir will have to step up and get appointed representative of the estate and follow the intestacy procedure in order to get the property properly distributed.

  5. #5
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    Jul 2018
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    Default Re: Does Arizona Law Always Require Title Companies Be Provided with the Original Wil

    Quote Quoting copper7
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    Does Arizona law always require that title companies be provided with the original will when changing the property deed during the transfer of ownership of real property in the manner dictated by the will, or can a copy or certified copy of the will be ever be used?
    This question doesn't make a lot of sense.

    When a person who owns real property dies testate (i.e., with a will), the court-appointed executor of the estate will eventually sell the property or transfer it in accordance with the terms of the will. If a "transfer of ownership . . . in the manner dictated by the will" occurs, the executor will simply execute a deed and provide the deed to the transferee(s), and the trasnferee(s) will record the deed with the county recorder. There would generally be no need for a title company to be involved.

    If, on the other hand, the executor sells the property, then the buyer or buyer's mortgage lender would generally buy a policy of title insurance. The title insurance company would be more concerned with confirming the executor's authority to transfer the property and would typically insist on obtaining a certified copy of the letters testamentary issued by the court (if you don't know, "letters testamentary" are the court's order giving the executor authority to administer the estate). The title company would not typically be concerned with the will itself.

    If some title company wants to see the will, it's not because of any law. It's because of its own underwriting guidelines. The original will would not typically be available since it would be filed with the probate court, so a certified copy would be used instead.

    Quote Quoting copper7
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    What is recommended in a situation where the original will cannot be located, but a copy of the will can be provided, and the law office that wrote the will could potentially be able to certify?
    The only appropriate recommendation you can obtain from anonymous strangers on the internet is that the person seeking to be appointed as executor of the estate consult with a local probate attorney.

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