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We are trying to purchase a home that is in probate. The…

Customer Question
We are trying to...

We are trying to purchase a home that is in probate. The original owners have passed their are 3 sons. All probate docs that we have show the oldest brother as the executor of the estate. The title company is wanting the original probate docs which they do not have. They have an attorney that submitted ammended probate doc and the title company will not accept that. If we cannot get original probate docs how do we go about getting a clear title?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Arizona

Lawyer's Assistant: What documents or supporting evidence do you have?

I have letter of personal representative, deed of distibution, applcation for probate and appointment of personal respresentative and order to personal represenative and acknowledgement to heirs

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think thats it just need to know what I can do to satisfy title company so we can clear title and close

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
3/14/2018
Real Estate Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 62,872
Experience: Experienced lawyer
Verified
Origainals would be with the surrogate court.Copies should suffice for title company.Executors can normally provide the documentation to seller and court can issue an order to facilitate sale and satisfy title.Please let me know if the reply is acceptable by responding “yes” or “acceptable”If you have a follow up, just reply and ask me!
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Customer reply replied 4 months ago
The original probate docs were given to an attorney after the mother passed in 2012. That attorney is now a judge the seller has called several times to try and get a copy but he will not return calls. This prompted this seller to get an attorney to write up an amended probate doc. The title company does not want the amended but the original probate doc. There are several docs filed that shows the oldest sibling as the executor. Should that suffice?
Real Estate Lawyer: Infolawyer, Lawyer replied 4 months ago
It should suffice. A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Real Estate Lawyer: Infolawyer, Lawyer replied 3 months ago

awaiting your reply.

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