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PDF Editor FAQ

In an ancillary probate what is the purpose of an exemplified copy of the will and can only an attorney get one from the court?

Typically, an ancillary probate is a probate for real property located in a foreign jurisdiction, typically, a state other than the state of the Decedent’s residence —- for example, for an out-of-state vacation home. I’ve done lots of them, for example, for residents of CA, AZ, TX, FL, etc. having a vacation home in Washington. Only Washington has legal authority over real property in Washington, so when an out-of-state resident dies owning a vacation home in Washington, a Washington ancillary probate is typically required to transfer title to the home.So, what’s the purpose of an exemplified copy of the Decedent’s Will? The Decedent’s Will will be filed and entered into probate in the Decedent’s home state, in what is known as a domiciliary probate. An exemplified copy of the Will is a copy of the Will entered into the domiciliary probate with a cover over it in which the Clerk of the Court of the domiciliary probate prepares an Affidavit, attached to the copy of the Will, swearing under oath that the copy is a true copy of the Will entered into probate by the domiciliary court. Its purpose is to show that the Will was successfully proven (ie, “probated”) in that court, that a probate proceeding has been begun for the Decedent’s estate there, and that an Executor has been appointed. Often, the Clerk will not only provide a copy of the Will but also a copy of the Order for Probate, showing that the Will was proven, the probate was begun, and the Executor was appointed. If the Clerk doesn’t do that automatically for an exemplified Will, I will order one separately and ask the Clerk to include that in its exemplification. Typically, the Executor in the domiciliary probate also serves as the Executor in the ancillary probate.Can only an attorney obtain an exemplified copy of the Will? At least in my experience, in CA & WA, anybody can obtain an exemplified copy of the Will from the Clerk of the domiciliary Court, simply by paying the requisite fee, which is greater than that for obtaining a certified copy, because only the exemplified copy has the Clerk’s separate notarized Affidavit.Richard Wills, retired probate attorney originally licensed in CA & WA

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