What Is a Certified Copy of a Will? Legal Requirements Guide

What is a Certified Copy of a Will? (And Why You’ll Probably Need One)

Imagine you’re with a friend who’s settling his father’s estate when the bank manager drops this on you both:
“We’ll need a certified copy of the will before we can transfer any accounts.”

Your friend looks at you like the manager started speaking Greek. He has the original will right there in his briefcase—what more could they possibly want?

That’s when you realize most people have no clue what a certified copy actually is. And honestly, why would they? Until you’re dealing with probate, it’s not exactly dinner table conversation.

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So What Exactly Is a Certified Copy of a Will?

A certified copy of a will is a photocopy with an official stamp and signature from someone with authority to verify it matches the original.
It’s like having a court clerk say: “Yes, I compared these and they’re identical.”

What makes it different from a regular photocopy?

• Someone with official authority looked at both documents side by side.
• A court clerk or notary compares every page, then stamps it with an official seal.

They’re putting their credibility behind the fact that this copy matches the original.

Why not just use the original?

• You could carry the original, but do you want to risk damaging a 20-year-old document at six different banks?
• One spilled coffee could ruin a will that controls an entire estate.

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When You’re Going to Need to Obtain a Certified Copy

You’ll need certified copies in several estate-related situations:

• Banks won’t touch estate accounts without them.
• Investment companies and insurance firms require them.
• Real estate transactions (e.g., selling property) often need them.
• Insurance claims, especially life insurance, use them to verify beneficiaries.
• Legal proceedings may require certified copies for pleadings and motions.

Get multiple certified copies—more than you think you’ll need.

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How to Get Certified Copies of a Will

1. Find the probate court where the will was filed (typically in the county where the person died).
2. Contact the court clerk’s office—they’ll ask for:
   • The deceased’s name
   • Date of death
   • Possibly a case number
3. Pay the fee (varies by location)

Note: You can’t go to just any courthouse. It must be the one where the will was admitted to probate.

Some courts accept mail or online requests, but if you’re in a hurry, go in person.

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Who Can Certify Copies

Not everyone can do it. The primary authorities are:

• Court Clerks – Best option; they handle probate daily and certify against official records.
• Notaries Public – Only in some states and under certain conditions.
  • Many states don’t allow notaries to certify public records.
  • Even when allowed, notaries must see the original to certify a copy.

The best option is always the probate court for maximum authority and clarity.

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Original Will vs. Certified Copy: What You Need

• The original will is the legal foundation.
• But for everyday estate tasks, certified copies are accepted by:
  • Banks
  • Insurance companies
  • Title companies
  • Accountants

Institutions prefer certified copies because:

• They provide legal verification
• They avoid the risk of handling irreplaceable originals

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What Happens During Certification

When a document is certified:

1. The certifier compares the original and copy, page by page.
2. They add a certification statement, e.g.:

   “I certify this is a true copy of the original document.”

3. They sign, date, and affix their official seal.

Without the certification statement, it’s just a regular photocopy.

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How to Get More Than One Copy of a Document

Tip for Executors:

Order more than you think you’ll need. Start with 5–6 certified copies.

Why?

• Each bank wants one
• Insurance companies need one
• Real estate attorneys, accountants, and courts may require them

It’s more efficient to order in bulk than return to court later.

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When the Original Copy Is Required

There are rare cases where the original will is necessary:

• International asset transfers
• Some real estate transactions
• Litigation around the will’s validity

Most estate tasks, however, can be done with certified copies.

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What This Means for Your Estate Planning

When planning your estate:

• Think carefully about where the original will is stored
• Avoid safe deposit boxes unless your executor has access
• Make sure your executor knows where to find it

The easier it is to find the original, the faster certified copies can be obtained.

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Don’t Overthink the Process

Getting certified copies is simple but crucial. It can delay estate settlement if not done early.

As executor:

• Order multiple copies as soon as you’re appointed
• Factor in processing time (usually a few days to a week)

Being prepared saves time and avoids scrambling during a difficult period.

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This content is provided for informational purposes only and does not constitute legal advice. Probate procedures and certification requirements vary by jurisdiction. Always consult with qualified legal counsel for guidance specific to your situation.