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OTS 5.3

5.3 PROBATE COURT PROCEEDINGS- CERTIFICATES FOR TRANSFER

Problem A:

Do errors in a certificate for transfer from probate court affect the title?

Standard A:

No. Objections on account of errors in a certificate for transfer should not be made (a) unless the errors are such as to cause future difficulties to a client in obtaining a transfer on the tax records, or (b) unless the terms of the certificate raise a reasonable doubt of the facts of ownership shown by other records of title.

(Effective May 21, 1953)

Problem B:

Should a recital as to heirship in an instrument, verified pleading or decree be accepted as proof of the facts stated in lieu of a certificate of transfer or an affidavit of transfer?

Standard B:

Yes, provided the instrument or verified pleading has been of record for more than thirty years and is not in conflict with other instruments of record.

(Effective as amended November 17, 1956; originally effective May 21, 1953)

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