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Court and Authority

Certified Copy

cer·ti·fied cop·y

Also called Certified Letters

Short Definition

A copy of a court document carrying the clerk’s seal, confirming that it matches the original held on file. Escrow, title companies, and banks generally require certified copies, and many of them will not accept a scan or a photocopy.

In a Sale

What This Means When the House Is Being Sold

This is a small thing that stops closings. A representative arrives with a photocopy of the Letters, or a PDF the attorney emailed, and escrow will not take it. Certified copies are issued by the clerk, carry a fee for each copy, and take time to obtain, so the day they are needed is the wrong day to start.

Order more than seem necessary. Title wants one, escrow wants one, the bank holding the decedent's account wants one, a utility company may want one, and some recipients keep the copy rather than returning it. Certifications are also dated, and some institutions decline one issued beyond a certain age.

Sequence

What Usually Happens

  1. 1The clerk of the court issues certified copies on request
  2. 2A fee is charged for each copy
  3. 3Copies go to title, escrow, and any institution holding assets
  4. 4Further copies are ordered as institutions retain rather than return them

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Not to Be Confused With

What Tells Them Apart

Letters Testamentary and Letters of Administration are the documents themselves. A certified copy is the form they have to be in before anyone will rely on them. Families sometimes say they have Letters when what they have is an unstamped copy from the attorney's file, which is useful for reading and not useful at escrow.

Nevada

In Nevada

Fees and turnaround for certified copies vary by county clerk in Nevada.

Questions

Questions People Ask

How many certified copies of letters do I need?

More than one. Title, escrow, and each financial institution holding an estate account will generally want their own, and some keep it rather than returning it. Ordering several at once costs less time than returning to the clerk twice during an escrow.

Will escrow accept a scanned copy of Letters Testamentary?

Usually not. Escrow and title companies typically require a copy bearing the clerk's certification, not a scan or a photocopy. Some also decline certifications older than a set period. Asking escrow what they require at the start of the file avoids a delay at signing.

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