WFG Wiki - User contributions [en]

Liens in Utah

2026-04-30T14:29:18Z

Davidjenkins: /* Cross-References */

==Overview==

===Sources===

===Compliance===

===Documents===

====Forms====

====Preparation====

===Searching===

===Examination===

====Standard Requirements====

====Standard Exceptions====

===Curative===

===Underwriting===

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Sales===

====Marketing====

====Pricing====

==Specific Topics==

===Alimony/Support===
===Attorney's Liens===

===Bail Liens===
===Broker Liens===
===Child Support Liens===
===Civil Money Judgments===

8 years

===Community Association Liens===
====Condominium Association Liens====
====Homeowners' Association Liens====
===Community Facilities District Liens===

===Construction/Mechanic's Liens===

lien must be filed w/i 90 days after a "valid" Ntc of Compl./180 days if "invalid" or no Ntc. Of Compl. / Action to foreclose must be commenced in 180 days after filing lien U.C.38-1a-502 & 38-1a-701

See [[Construction Liens in Utah]].

===Criminal Money Judgments===

===Estate Tax Liens===

See [[Estates in Utah]].

Federal 10 years

===Federal Judgments===

20 years, renewable for 20 years

===Federal Tax Liens===

10 years (+30 days); can be refiled

===Financing Statements===

===Hospital Liens===
===Inheritance Tax Liens===

See [[Estates in Utah]].

===Lis Pendens===
===Municipal Assessments===
===Municipal Liens===
===Real Property Tax Liens===

See [[Real Property Taxes in Utah]].

===Security Instruments===

See [[Security Instruments in Utah]].

===State Tax Liens===

==Other==

==Cross-References==
* [[Utah]]
** [[Related Subject in Utah 1]]
** [[Related Subject in Utah 2]]
* [[Liens]]
* [[Related Subject 1]]
* [[Related Subject 2]]

Liens in Utah

2026-04-28T16:32:20Z

Davidjenkins:

==Overview==

===Sources===

===Compliance===

===Documents===

====Forms====

====Preparation====

===Searching===

===Examination===

====Standard Requirements====

====Standard Exceptions====

===Curative===

===Underwriting===

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Sales===

====Marketing====

====Pricing====

==Specific Topics==

===Alimony/Support===
===Attorney's Liens===

===Bail Liens===
===Broker Liens===
===Child Support Liens===
===Civil Money Judgments===

8 years

===Community Association Liens===
====Condominium Association Liens====
====Homeowners' Association Liens====
===Community Facilities District Liens===

===Construction/Mechanic's Liens===

lien must be filed w/i 90 days after a "valid" Ntc of Compl./180 days if "invalid" or no Ntc. Of Compl. / Action to foreclose must be commenced in 180 days after filing lien U.C.38-1a-502 & 38-1a-701

See [[Construction Liens in Utah]].

===Criminal Money Judgments===

===Estate Tax Liens===

See [[Estates in Utah]].

Federal 10 years

===Federal Judgments===

20 years, renewable for 20 years

===Federal Tax Liens===

10 years (+30 days); can be refiled

===Financing Statements===

===Hospital Liens===
===Inheritance Tax Liens===

See [[Estates in Utah]].

===Lis Pendens===
===Municipal Assessments===
===Municipal Liens===
===Real Property Tax Liens===

See [[Real Property Taxes in Utah]].

===Security Instruments===

See [[Security Instruments in Utah]].

===State Tax Liens===

==Other==

==Cross-References==
* [[Utah]]
** [[Related Subject in Utah 1]]
** [[Related Subject in Utah 2]]
* [Liens]]
* [[Related Subject 1]]
* [[Related Subject 2]]

Title Agent Licensing in Utah

2026-04-28T15:38:14Z

Davidjenkins: Created page with "* A Utah policy must be issued by a title insurance producer who is a resident of Utah through a bona fide branch office in Utah under the direction and control of the title i..."

* A Utah policy must be issued by a title insurance producer who is a resident of Utah through a bona fide branch office in Utah under the direction and control of the title insurer that pays all the expenses of the branch office or through a subsidiary title insurer authorized to do business in Utah. See Utah Code Ann. § 31A-14-211.
* Utah has specific requirements for title insurance producers to be licensed, maintain bonds and to pay to certain reserve funds. See Utah Code Ann. § 31A-23a-204.
* A person licensed to practice law in Utah is exempt from being licensed and is not subject to the requirements contained in Utah Code Ann. § 31-23a-204 if the attorney issues 12 or less policies in any 12 month period. The attorney, however, must maintain a separate trust account. See Utah Code Ann. § 31A-23a-204(7) and (8).
* Only the title agent issuing a title insurance policy may perform escrow related matters including the closing, disbursement, recording, and preparation of documents or other matters relating to escrow. See Utah Code Ann. § 31A-23a-406, See also Utah Insurance Department, Bulletin 2007-05.

Title Insurance Commitments in Utah

2026-04-28T15:37:28Z

Davidjenkins: /* Supplemental Documents */

==Overview==

===Sources===

===Compliance===

===Forms===

==Binders==

==Content==

==Delivery==

==Disclaimers==

==Signatures==

==Supplemental Documents==

===Other===

* It is customary to charge a cancellation fee for a cancelled commitment. The charge for a cancelled commitment is established by each title agent.

==Cross-References==
* [[Title Insurance Commitments]]
* [[Utah]]
** [[Standard Exceptions in Utah]]
** [[Standard Requirements in Utah]]
** [[Title Insurance Policies in Utah]]

Reconveyances in Utah

2026-04-28T15:36:40Z

Davidjenkins: Created page with "*Reconveyance by Insurer: **A title insurer or agent may reconvey a trust deed or release a mortgage if the obligation secured by trust deed or mortgage has been fully paid by..."

*Reconveyance by Insurer:
**A title insurer or agent may reconvey a trust deed or release a mortgage if the obligation secured by trust deed or mortgage has been fully paid by the insurer or agent or if the insurer or agent has satisfactory evidence of the full payment of the obligation secured by the deed of trust or mortgage. See Utah Code Ann. § 57-1-40.
**The title insurer or agent must deliver a notice of intent to release or reconvey to the beneficiary, mortgagee or servicer together with a copy of the proposed reconveyance or release. The contents of the notice are described in Utah Code Ann. § 57-1-40(4).
**60 day objection period after notice of intent to release or reconvey, The contents of the reconveyance of the deed of trust or the release of mortgage in Utah Code Ann. § 57-1-40(4)

Usury in Utah

2026-04-28T15:36:07Z

Davidjenkins: Created page with "Usury – The parties to a lawful contract may agree upon any rate of interest for the loan or forbearance of any money, goods, or chose in action that is the subject of their..."

Usury – The parties to a lawful contract may agree upon any rate of interest for the loan or forbearance of any money, goods, or chose in action that is the subject of their contract. Utah Code Ann. § 15-1-1.

Forms in Utah

2026-04-28T15:35:01Z

Davidjenkins: Created page with "Statutory suggested forms *[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S12.html?v=C57-1-S12_1800010118000101 Warranty Deed] *[http://le.utah.gov/xcode/Title57/Chapter1/57..."

Statutory suggested forms
*[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S12.html?v=C57-1-S12_1800010118000101 Warranty Deed]
*[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S12.5.html Special Warranty Deed]
*[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S13.html Quit Claim Deed]
*[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S14.html Mortgage]
*Trust deeds are governed by [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S20.html?v=C57-1-S20_1800010118000101 57-1-20] through 57-1-36:
*[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S40.html?v=C57-1-S40_1800010118000101 Reconveyance] when done by title agent after payment
*[http://le.utah.gov/xcode/Title57/Chapter1/57-1-S40.5.html Partial Reconveyance]

Liens in Utah

2026-04-28T15:34:06Z

Davidjenkins:

==Overview==
==Alimony/Support==
==Bail Liens==
==Broker Liens==
==Child Support Liens==
==Civil Money Judgments==

8 years

==Community Association Liens==
===Condominium Association Liens===
===Homeowners' Association Liens===
==Community Facilities District Liens==
==Construction/Mechanic's Liens==

lien must be filed w/i 90 days after a "valid" Ntc of Compl./180 days if "invalid" or no Ntc. Of Compl. / Action to foreclose must be commenced in 180 days after filing lien U.C.38-1a-502 & 38-1a-701

See [[Construction Liens in Utah]].

==Criminal Money Judgments==

==Estate Tax Liens==

See [[Estates in Utah]].

Federal 10 years

==Federal Judgments==

20 years, renewable for 20 years

==Federal Tax Liens==

10 years (+30 days); can be refiled

==Financing Statements==

==Hospital Liens==
==Inheritance Tax Liens==
See [[Estates in Utah]].
==Lis Pendens==
==Municipal Assessments==
==Municipal Liens==
==Real Property Tax Liens==
See [[Real Property Taxes in Utah]].
==Security Instruments==
See [[Security Instruments in Utah]].
==State Tax Liens==
==Other==
==Cross-References==
* [[Utah]]
* [[Liens]]

Trustees in Utah

2026-04-28T15:32:09Z

Davidjenkins: Created page with "*Deed of trust is the customary security instrument. Mortgages permitted but not common. *A trustee must be **an active member of the Utah State Bar who maintains a place wi..."

*Deed of trust is the customary security instrument. Mortgages permitted but not common.
*A trustee must be
**an active member of the Utah State Bar who maintains a place within the state
**a bank, savings and loan association, savings bank, industrial bank, credit union,
**an insurance company authorized to do business and actually doing business in Utah,
**a corporation authorized to conduct a trust business and actually conducting a trust business in Utah or
**a title insurance company or agency that holds a certificate of authority or license Under Title 31A of the Utah Insurance Code that has a bona fide office in the state and is actually doing business in the state. See Utah Code Ann. § 57-1-21.

Spousal Joinder in Utah

2026-04-28T15:31:24Z

Davidjenkins: Created page with "A non-title spouse does not have to join in the execution of a deed or security instrument, unless a homestead declaration has been recorded pursuant to Utah Code Ann. § 78-23-4"

A non-title spouse does not have to join in the execution of a deed or security instrument, unless a homestead declaration has been recorded pursuant to Utah Code Ann. § 78-23-4

Witnesses in Utah

2026-04-28T15:31:04Z

Davidjenkins: Created page with "No witnesses required. A certificate of acknowledgement, proof of execution, jurat or other notarial certificate that is signed and certified by the officer taking the acknowl..."

No witnesses required. A certificate of acknowledgement, proof of execution, jurat or other notarial certificate that is signed and certified by the officer taking the acknowledgment entitles the document to be recorded. Utah Code Ann. § 57-3-103.

After-Acquired Title in Utah

2026-04-28T15:30:43Z

Davidjenkins: Created page with "*After acquired title, other than by quit claim deed, passes automatically upon acquisition of title. [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S10.html 57-1-10]"

*After acquired title, other than by quit claim deed, passes automatically upon acquisition of title. [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S10.html 57-1-10]

Tenancies in Utah

2026-04-28T15:30:28Z

Davidjenkins: /* Joint Tenancy with Right of Survivorship */

==Overview==

==Tenancy by the Entirety==

===Creation Language===

==Joint Tenancy with Right of Survivorship==

From WFG Wiki:

Recognizes Joint Tenancy and Tenancy in common
*subsequent to May 5, 1997 any ownership interest granted to two people who are designated as husband and wife ”is presumed to be a joint tenancy interest with rights of survivorship. [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S5.html 57-1-5](1)(a)
*joint tenancy may be established between two or more people. But not with a corporation; a trustee of a trust; or a partnership. or between multiple entities and organizations.
*Specific Phrasing Required for Joint Tenancies
**Use of words "joint tenancy" or "with rights of survivorship" or "and to the survivor of them" or words of similar import means a joint tenancy.
**Use of words "tenancy in common" or "with no rights of survivorship" or "undivided interest" or words of similar import declare a tenancy in common.
**Use of words "and/or" in the context of an ownership interest declare a tenancy in common unless accompanied by joint tenancy language described in Subsection (2)(a), which creates a joint tenancy.
*Unities
**May create joint tenancy by direct transfer without use of a Straw man [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S5.html 57-1-5](3)
**Conveyance of joint property severs tenancy and converts joint tenancy into a tenancy in common. If more than one one joint tenant remains after a joint tenant severs a joint tenancy, the remaining joint tenants continue to hold their interest in joint tenancy
*Statute recognizes conveyance into Tenancy by Entireties and Community Property as creating joint tenancy. [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S5.html 57-1-5](7) & (8)
*Utah allows termination of joint tenancy, tenancy by entirety (recognized as joint tenancy), term of years, life estate or conditional interests by recorded affidavit. [http://le.utah.gov/xcode/Title57/Chapter1/57-1-S5.1.html 57-1-5.1]. Specific form of affidavit required for terminations as the result of death.

===Creation Language===

==Tenancy in Common==

==Cross-References==
* [[Utah]]
* [[Tenancies]]

Unauthorized Practice of Law in Utah

2026-04-28T15:28:23Z

Davidjenkins: /* Other */

==Overview==
==Sources==
==Attorney Title Certifications==
==Attorney Title Opinions==
==Document Preparation==
==Closings and Escrow==
==Disbursement==
==Recording==
==Other==

From WFG Wiki:

title agent issuing a title insurance policy may perform escrow related matters including the closing, disbursement, recording, and preparation of documents or other matters relating to escrow. See Utah Code Ann. § 31A-23a-406, See also Utah Insurance Department, Bulletin 2007-05.
A person licensed to practice law in Utah is exempt from being licensed and is not subject to the requirements contained in Utah Code Ann. § 31-23a-204 if the attorney issues 12 or less policies in any 12 month period. The attorney, however, must maintain a separate trust account. See Utah Code Ann. § 31A-23a-204(7) and (8).

==Cross-References==
* [[Utah]]
* [[Unauthorized Practice of Law]]

File Retention Requirements in Utah

2026-04-28T15:27:51Z

Davidjenkins: Created page with "Evidence of the title search must be retained for no less than 15 years after the policy has been issued."

Evidence of the title search must be retained for no less than 15 years after the policy has been issued.

Marketable Title Act in Utah

2026-04-28T15:27:34Z

Davidjenkins: Created page with "Marketable Title Act is 40 years."

Marketable Title Act is 40 years.

Minimum Title Search Requirements in Utah

2026-04-28T15:27:07Z

Davidjenkins: Created page with "Reasonable Search and that has made a determination of insurability to title under sound underwriting principles. Utah Code Ann. § 31A-20-110."

Reasonable Search and that has made a determination of insurability to title under sound underwriting principles. Utah Code Ann. § 31A-20-110.

Template in Utah

2026-04-28T15:25:27Z

Davidjenkins:

Template in Utah

2026-04-28T15:24:38Z

Davidjenkins: Created page with "==Overview== ===Sources=== ===Compliance=== ===Documents=== ====Forms==== ====Preparation==== ===Searching=== ===Examination=== ====Standard Requirements==== ====Stan..."

Utah

2026-04-28T15:22:23Z

Davidjenkins: /* Alphabetical Index */

* [[UT Operations Summary]]
* [[UT Underwriting Summary]]
* [[UT Underwriting References]]

==Alphabetical Index==

{| class="wikitable"; width="100%" |
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Utah | Abandonment]]
* [[Abstracters in Utah | Abstracters]]
* [[Abstractors in Utah | Abstractors]]
* [[Abstracts of Title in Utah | Abstracts of Title]]
* [[Access in Utah | Access]]
* [[Acknowledgments in Utah | Acknowledgments]]
* [[Acreage in Utah | Acreage]]
* [[Actions in Partition in Utah | Actions in Partition]]
* [[Actions to Quiet Title in Utah | Actions to Quiet Title]]
* [[Ad Valorem Taxes in Utah | Ad Valorem Taxes]]
* [[Adverse Possession in Utah | Adverse Possession]]
* [[Affidavits in Utah | Affidavits]]
* [[Affidavits of Heirship in Utah | Affidavits of Heirship]]
* [[Affidavits of Title in Utah | Affidavits of Title]]
* [[Affiliated Business Disclosures in Utah | Affiliated Business Disclosures]]
* [[Affirmative Coverage in Utah | Affirmative Coverage]]
* [[After-Acquired Title in Utah | After-Acquired Title]]
* [[Agency in Utah | Agency]]
* [[Agency Appointment in Utah | Agency Appointment]]
* [[Agency Licensing in Utah | Agency Licensing]]
* [[Agreements for Deed in Utah | Agreements for Deed]]
* [[Agreements of Sale in Utah | Agreements of Sale]]
* [[Agricultural Lands in Utah | Agricultural Lands]]
* [[Air Rights in Utah | Air Rights]]
* [[Airspace in Utah | Airspace]]
* [[Aliens in Utah | Aliens]]
* [[Alimony in Utah | Alimony]]
* [[Appeals in Utah | Appeals]]
* [[Apostilles in Utah | Apostilles]]
* [[Approved Attorneys in Utah | Approved Attorneys]]
* [[Appurtenant Easements in Utah | Appurtenant Easements]]
* [[Arbitration in Utah | Arbitration]]
* [[Assignments in Utah | Assignments]]
* [[Attachment in Utah | Attachment]]
* [[Attorney Certifications in Utah | Attorney Certifications]]
* [[Attorney Opinion Letters in Utah | Attorney Opinion Letters]]
* [[Attorney Title Certifications in Utah | Attorney Title Certifications]]
* [[Attorney Title Opinions in Utah | Attorney Title Opinions]]
* [[Audits in Utah | Audits]]
* [[Banking in Utah | Banking]]
* [[Bankruptcy in Utah | Bankruptcy]]
* [[Beach Rights in Utah | Beach Rights]]
* [[Beaches in Utah | Beaches]]
* [[Beneficiary Deeds in Utah | Beneficiary Deeds]]
* [[Boat Slips in Utah | Boat Slips]]
* [[Bona Fide Purchasers in Utah | Bona Fide Purchasers]]
* [[Boundaries in Utah | Boundaries]]
* [[Bricks and Mortar Requirements in Utah | Bricks and Mortar Requirements]]
* [[Broken Priority in Utah | Broken Priority]]
* [[Building Setback Lines in Utah | Building Setback Lines]]
* [[Cabin Clubs in Utah | Cabin Clubs]]
* [[Canals in Utah | Canals]]
* [[Capacity in Utah | Capacity]]
* [[Capital and Surplus Requirements in Utah | Capital and Surplus Requirements]]
* [[Cash Reporting in Utah | Cash Reporting]]
* [[Cemeteries in Utah | Cemeteries]]
* [[Certificates of Good Standing in Utah | Certificates of Good Standing]]
* [[Certifications of Trust in Utah | Certifications of Trust]]
* [[Chains of Title in Utah | Chains of Title]]
* [[Check Signatures in Utah | Check Signatures]]
* [[Chattels in Utah | Chattels]]
* [[Child Support Liens in Utah | Child Support Liens]]
* [[Church Titles in Utah | Church Titles]]
* [[Churches in Utah | Churches]]
* [[Civil Money Judgments in Utah | Civil Money Judgments]]
* [[Claims in Utah | Claims]]
* [[Closing and Escrow in Utah | Closing and Escrow]]
* [[Closing Cost Payment Customs in Utah | Closing Cost Payment Customs]]
* [[Closing Protection Letters in Utah | Closing Protection Letters]]
* [[Commitments in Utah | Commitments]]
* [[Common Law Marriage in Utah | Common Law Marriage]]
* [[Community Associations in Utah | Community Associations]]
* [[Community Property in Utah | Community Property]]
* [[Compliance in Utah | Compliance]]
* [[Condemnations in Utah | Condemnations]]
* [[Condominium Association Liens in Utah | Condominium Association Liens]]
* [[Condominiums in Utah | Condominiums]]
* [[Conservatorships in Utah | Conservatorships]]
* [[Construction Liens in Utah | Construction Liens]]
* [[Construction Loans in Utah | Construction Loans]]
* [[Contracts for Sale in Utah | Contracts for Sale]]
* [[Contracts for Deed in Utah | Contracts for Deed]]
* [[Cooperatives in Utah | Cooperatives]]
* [[Corporate Dissolution in Utah | Corporate Dissolution]]
* [[Corporations in Utah | Corporations]]
* [[Corrective Affidavits in Utah | Corrective Affidavits]]
* [[Corrective Instruments in Utah | Corrective Instruments]]
* [[Counties in Utah | Counties]]
* [[Cotenancies in Utah | Cotenancies]]
* [[Courts in Utah | Courts]]
* [[Covenants in Utah | Covenants]]
* [[Creditor's Rights in Utah | Creditor's Rights]]
* [[Criminal Money Judgments in Utah | Criminal Money Judgments]]
* [[Death Certificates in Utah | Death Certificates]]
* [[Death Taxes in Utah | Death Taxes]]
* [[Dedications in Utah | Dedications]]
* [[Deeds in Utah | Deeds]]
* [[Deeds in Lieu of Foreclosure in Utah | Deeds in Lieu of Foreclosure]]
* [[Deeds of Trust in Utah | Deeds of Trust]]
* [[Derivation Clauses in Utah | Derivation Clauses]]
* [[Descriptions in Utah | Descriptions]]
* [[Disabilities in Utah | Disabilities]]
* [[Disabled Persons in Utah | Disabled Persons]]
* [[Disbursements in Utah | Disbursements]]
* [[Disclosures in Utah | Disclosures]]
* [[Disclosure Requirements in Utah | Disclosure Requirements]]
* [[Dissolution of Corporations in Utah | Dissolution of Corporations]]
* [[Divorces in Utah | Divorces]]
* [[Dockominiums in Utah | Dockominiums]]
* [[Document Execution in Utah | Document Execution]]
* [[Document Preparation in Utah | Document Preparation]]
* [[Document Recording in Utah | Document Recording]]
* [[Doing Business Requirements in Utah | Doing Business Requirements]]
* [[Down Money Practices in Utah | Down Money Practices]]
* [[Drug Forfeitures in Utah | Drug Forfeitures]]
* [[Earnest Money Practices in Utah | Earnest Money Practices]]
* [[Easements in Utah | Easements]]
* [[Easements Appurtenant in Utah | Easements Appurtenant]]
* [[Easements by Implication in Utah | Easements by Implication]]
* [[Easements by Necessity in Utah | Easements by Necessity]]
* [[Easements by Prescription in Utah | Easements by Prescription]]
* [[Electronic Communications in Utah | Electronic Communications]]
* [[Eminent Domain in Utah | Eminent Domain]]
* [[Encroachments in Utah | Encroachments]]
* [[Endorsements in Utah | Endorsements]]
* [[Entities in Utah | Entities]]
* [[Environmental Law in Utah | Environmental Law]]
* [[Environmental Liens in Utah | Environmental Liens]]
* [[Equitable Subordination in Utah | Equitable Subordination]]
* [[Equitable Subrogation in Utah | Equitable Subrogation ]]
* [[Escheat in Utah | Escheat]]
* [[Escrow Accounts in Utah | Escrow Accounts]]
* [[Escrow Agent Licensing in Utah | Escrow Agent Licensing]]
* [[Escrow Instructions in Utah | Escrow Instructions]]
* [[Escrow Only in Utah | Escrow Only]]
* [[Escrow Rate Filing in Utah | Escrow Rate Filing]]
* [[Estate Taxes in Utah | Estate Taxes]]
* [[Estates in Utah | Estates]]
* [[Estoppels in Utah | Estoppels]]
* [[Exceptions in Utah | Exceptions]]
* [[Execution in Utah | Execution]]
* [[Execution of Instruments in Utah | Execution of Instruments]]
* [[Extended Coverage in Utah | Extended Coverage]]
| style="vertical-align: top;" |
* [[Federal Tax Liens in Utah | Federal Tax Liens]]
* [[Fee Splitting in Utah | Fee Splitting]]
* [[Fiduciaries in Utah | Fiduciaries]]
* [[File Retention Requirements in Utah | File Retention Requirements]]
* [[Filled-In Lands in Utah | Filled-In Lands]]
* [[Financing Statements in Utah | Financing Statements]]
* [[FIRPTA in Utah | FIRPTA]]
* [[Flood Searches in Utah | Flood Searches]]
* [[Foreclosures in Utah | Foreclosures]]
* [[Foreign Corporations in Utah | Foreign Corporations]]
* [[Forfeitures in Utah | Forfeitures]]
* [[Form Filing in Utah | Form Filing]]
* [[Forms in Utah | Forms]]
* [[Free Trader Agreements in Utah | Free Trader Agreements]]
* [[General Partnerships in Utah | General Partnerships]]
* [[Generic Exceptions in Utah | Generic Exceptions]]
* [[Gift Deeds in Utah | Gift Deeds]]
* [[Good Funds in Utah | Good Funds]]
* [[Government in Utah | Government]]
* [[Ground Rents in Utah | Ground Rents]]
* [[Guardianships in Utah | Guardianships]]
* [[HELOCS in Utah | HELOCS]]
* [[Heirs At Law in Utah | Heirs At Law]]
* [[Heirs Property in Utah | Heirs Property]]
* [[Highways in Utah | Highways]]
* [[Homestead in Utah | Homestead]]
* [[Hold Opens in Utah | Hold Opens]]
* [[Homeowners' Association Liens in Utah | Homeowners' Association Liens]]
* [[Hospital Liens in Utah | Hospital Liens]]
* [[Hospitals in Utah | Hospitals]]
* [[Implied Easements in Utah | Implied Easements]]
* [[Improvements in Utah | Improvements]]
* [[Incapacity in Utah | Incapacity]]
* [[Incompetence in Utah | Incompetence]]
* [[Incompetents in Utah | Incompetents]]
* [[Indemnifications in Utah | Indemnifications]]
* [[Indian Lands in Utah | Indian Lands]]
* [[Indian Titles in Utah | Indian Titles]]
* [[Inheritance in Utah | Inheritance]]
* [[Inheritance Taxes in Utah | Inheritance Taxes]]
* [[Installment Contracts in Utah | Installment Contracts]]
* [[Insured Closing Letters in Utah | Insured Closing Letters]]
* [[Insured Closing Services in Utah | Insured Closing Services]]
* [[Intestacy in Utah | Intestacy]]
* [[Islamic Financing in Utah | Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Utah | Joinder of Non-Titled Spouses]]
* [[Joint Tenancy in Utah | Joint Tenancy]]
* [[Judgments in Utah | Judgments]]
* [[Judicial Foreclosures in Utah | Judicial Foreclosures]]
* [[Judicial Proceedings in Utah | Judicial Proceedings]]
* [[Laches in Utah | Laches]]
* [[Ladybird Deeds in Utah | Ladybird Deeds]]
* [[Land Trusts in Utah | Land Trusts]]
* [[Leasehold Estates in Utah | Leasehold Estates]]
* [[Leasehold Interests in Utah | Leasehold Interests]]
* [[Leases in Utah | Leases]]
* [[Legal Descriptions in Utah | Legal Descriptions]]
* [[Legislation in Utah | Legislation]]
* [[Letters of Indemnification in Utah | Letters of Indemnification]]
* [[Liens in Utah | Liens]]
* [[Life Estates in Utah | Life Estates]]
* [[Limited Liability Companies in Utah | Limited Liability Companies]]
* [[Limited Partnerships in Utah | Limited Partnerships]]
* [[Lis Pendens in Utah | Lis Pendens]]
* [[Littoral Rights in Utah | Littoral Rights]]
* [[Mandatory Disclosures in Utah | Mandatory Disclosures]]
* [[Manufactured Homes in Utah | Manufactured Homes]]
* [[Manufactured Housing in Utah | Manufactured Housing]]
* [[Marital Interests in Utah | Marital Interests]]
* [[Marital Rights in Utah | Marital Rights]]
* [[Marketability of Title in Utah | Marketability of Title]]
* [[Marketable Title Act in Utah | Marketable Title Act]]
* [[Marketable Record Title Acts in Utah | Marketable Record Title Acts]]
* [[Materialmen's Liens in Utah | Materialmen's Liens]]
* [[Mechanic's Liens in Utah | Mechanic's Liens]]
* [[Mineral Estates in Utah | Mineral Estates]]
* [[Mineral Rights in Utah | Mineral Rights]]
* [[Minerals in Utah | Minerals]]
* [[Minimum Search Standards in Utah | Minimum Search Standards]]
* [[Minimum Title Search Requirements in Utah | Minimum Title Search Requirements]]
* [[Minors in Utah | Minors]]
* [[Missing Persons in Utah | Missing Persons]]
* [[Mobile Homes in Utah | Mobile Homes]]
* [[Modular Homes in Utah | Modular Homes]]
* [[Mortgages in Utah | Mortgages]]
* [[Municipal Assessments in Utah | Municipal Assessments]]
* [[Municipal Liens in Utah | Municipal Liens]]
* [[Mutual Indemnification Agreements in Utah | Mutual Indemnification Agreements]]
* [[Name Changes in Utah | Name Changes]]
* [[National Agents in Utah | National Agents]]
* [[New Construction in Utah | New Construction]]
* [[Non-Judicial Foreclosures in Utah | Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Utah | Non-Resident Withholding]]
* [[Notaries in Utah | Notaries]]
* [[Notices of Interest in Utah | Notices of Interest]]
* [[Notices of Settlement in Utah | Notices of Settlement]]
* [[Nursing Homes in Utah | Nursing Homes]]
* [[Options in Utah | Options]]
* [[Options to Purchase in Utah | Options to Purchase]]
* [[Owner's Policy Waivers in Utah | Owner's Policy Waivers]]
* [[Parties in Possession in Utah | Parties in Possession]]
* [[Partition Actions in Utah | Partition Actions]]
* [[Partnerships in Utah | Partnerships]]
* [[Party Walls in Utah | Party Walls]]
* [[Payment Customs in Utah | Payment Customs]]
* [[Prescriptive Easements in Utah | Prescriptive Easements]]
* [[Persons Under Disability in Utah | Persons Under Disability]]
* [[Plain Language in Utah | Plain Language]]
* [[Planned Unit Developments in Utah | Planned Unit Developments]]
* [[Plats in Utah | Plats]]
* [[Powers of Attorney in Utah | Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Utah | Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Utah | Pre-Foreclosure Policies]]
* [[Premium Rate Filing in Utah | Premium Rate Filing]]
* [[Pricing in Utah | Pricing]]
* [[Private Condemnation in Utah | Private Condemnation]]
* [[Private Road Actions in Utah | Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Utah | Pro Forma Title Insurance Policies]]
* [[Probate in Utah | Probate]]
* [[Public Lands in Utah | Public Lands]]
* [[Publicly Owned Lands in Utah | Publicly Owned Lands]]
* [[Public Records in Utah | Public Records]]
* [[Purchase Agreements in Utah | Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Utah | Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Utah | Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Utah | Purchase Money Security Instruments]]
* [[Quiet Title Actions in Utah | Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Utah | Railroad Titles]]
* [[Railroads in Utah | Railroads]]
* [[Rate and Form Filings in Utah | Rate and Form Filings]]
* [[Rate Regulation in Utah | Rate Regulation]]
* [[Religious Congregations in Utah | Religious Congregations]]
* [[Real Estate Broker Liens in Utah | Real Estate Broker Liens]]
* [[Real Estate Transfer Taxes in Utah | Real Estate Transfer Taxes]]
* [[Real Property Taxes in Utah | Real Property Taxes]]
* [[Rebates in Utah | Rebates]]
* [[Receivers in Utah | Receivers]]
* [[Receiverships in Utah | Receiverships]]
* [[Reconveyances in Utah | Reconveyances]]
* [[Record Retention Requirements in Utah | Record Retention Requirements]]
* [[Recording in Utah | Recording]]
* [[Recording Forms in Utah | Recording Forms]]
* [[Recording Jurisdictions in Utah | Recording Jurisdictions]]
* [[Recording Offices in Utah | Recording Offices]]
* [[Recording Requirements in Utah | Recording Requirements]]
* [[Recording Transfer Taxes in Utah | Recording Transfer Taxes]]
* [[Redemption Rights in Utah | Redemption Rights]]
* [[Registered Land in Utah | Registered Land]]
* [[Regulatory Agencies in Utah | Regulatory Agencies]]
* [[Regulatory Authority in Utah | Regulatory Authority]]
* [[Regulatory Filings in Utah | Regulatory Filings]]
* [[Remittances in Utah | Remittances]]
* [[Remote Online Notarization in Utah | Remote Online Notarization]]
* [[Residency Requirements in Utah | Residency Requirements]]
* [[Restrictions in Utah | Restrictions]]
* [[Restrictive Covenants in Utah | Restrictive Covenants]]
* [[Reversionary Clauses in Utah | Reversionary Clauses]]
* [[Rights of First Refusal in Utah | Rights of First Refusal]]
* [[Rights of Way in Utah | Rights of Way]]
* [[Riparian Rights in Utah | Riparian Rights]]
* [[Roads in Utah | Roads]]
* [[RON in Utah | RON]]
* [[Rule Against Perpetuities in Utah | Rule Against Perpetuities]]
* [[Schools in Utah | Schools]]
* [[Scrivener's Affidavits in Utah | Scrivener's Affidavits]]
* [[Security Instruments in Utah | Security Instruments]]
* [[Settlement Statements in Utah | Settlement Statements]]
* [[Severed Improvements in Utah | Severed Improvements]]
* [[Signatures in Utah | Signatures]]
* [[Slayer's Act in Utah | Slayer's Act]]
* [[Sources of Authority in Utah | Sources of Authority]]
* [[Split Closings in Utah | Split Closings]]
* [[Spousal Joinder in Utah | Spousal Joinder]]
* [[Standard Exceptions in Utah | Standard Exceptions ]]
* [[Standard Requirements in Utah | Standard Requirements]]
* [[Standard Title Search Period in Utah | Standard Title Search Period]]
* [[State Tax Liens in Utah | State Tax Liens]]
* [[Streets in Utah | Streets]]
* [[Subdivisions in Utah | Subdivisions]]
* [[Subordination Agreements in Utah | Subordination Agreements]]
* [[Summary in Utah | Summary]]
* [[Superfund Liens in Utah | Superfund Liens]]
* [[Survey Requirements in Utah | Survey Requirements]]
* [[Surveys in Utah | Surveys]]
* [[Survivorship Estates in Utah | Survivorship Estates]]
* [[Synthetic Leases in Utah | Synthetic Leases]]
* [[Tax Certifications in Utah | Tax Certifications]]
* [[Tax Deeds in Utah | Tax Deeds]]
* [[Tax Liens in Utah | Tax Liens]]
* [[Tax Sales in Utah | Tax Sales]]
* [[Tax Titles in Utah | Tax Titles]]
* [[Taxes in Utah | Taxes]]
* [[Template in Utah | '''Article Template''']]
* [[Tenancies in Utah | Tenancies]]
* [[Tenancy by the Entirety in Utah | Tenancy by the Entirety]]
* [[Tenancy in Common in Utah | Tenancy in Common]]
* [[Tidelands in Utah | Tidelands]]
* [[Timeshare Estates in Utah | Timeshare Estates]]
* [[Timeshares in Utah | Timeshares]]
* [[Timberlands in Utah | Timberlands]]
* [[Title Agent Audits in Utah | Title Agent Audits]]
* [[Title Agent Audit Requirements in Utah | Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Utah | Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Utah | Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Utah | Title Agent Licensing]]
* [[Title Agent Marketing in Utah | Title Agent Marketing]]
* [[Title Agent Naming Requirements in Utah | Title Agent Naming Requirements]]
* [[Title Agent Remittance Requirements in Utah | Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Utah | Title Agent Reporting Requirements]]
* [[Title Agent Requirements in Utah | Title Agent Requirements]]
* [[Title Agent Residency Requirements in Utah | Title Agent Residency Requirements]]
* [[Title Curative in Utah | Title Curative]]
* [[Title Examination in Utah | Title Examination]]
* [[Title Examination Standards in Utah | Title Examination Standards]]
* [[Title Insurance Commitments in Utah | Title Insurance Commitments]]
* [[Title Insurance Endorsements in Utah | Title Insurance Endorsements]]
* [[Title Insurance Policies in Utah | Title Insurance Policies]]
* [[Title Insurance Rates in Utah | Title Insurance Rates]]
* [[Title Insurance Waivers in Utah | Title Insurance Waivers]]
* [[Title Plants in Utah | Title Plants]]
* [[Title Production in Utah | Title Production]]
* [[Title Searching in Utah | Title Searching]]
* [[Title Underwriting in Utah | Title Underwriting]]
* [[Torrens Property in Utah | Torrens Property]]
* [[Transfer on Death Deeds in Utah | Transfer on Death Deeds]]
* [[Transfer Taxes in Utah | Transfer Taxes]]
* [[Trusts in Utah | Trusts]]
* [[Trustee Sale Guarantees in Utah | Trustee Sale Guarantees]]
* [[Trustees in Utah | Trustees]]
* [[UCC Financing Statements in Utah | UCC Financing Statements]]
* [[Unauthorized Practice of Law in Utah | Unauthorized Practice of Law]]
* [[Underwriter Appointment in Utah | Underwriter Appointment]]
* [[Uniform Commercial Code in Utah | Uniform Commercial Code]]
* [[Unincorporated Associations in Utah | Unincorporated Associations]]
* [[Usury in Utah | Usury]]
* [[Vacation Proceedings in Utah | Vacation Proceedings]]
* [[Vendees' Liens in Utah | Vendees' Liens]]
* [[Vendor's Liens in Utah | Vendor's Liens]]
* [[Water in Utah | Water]]
* [[Water Bills in Utah | Water Bills]]
* [[Water Rights in Utah | Water Rights]]
* [[Waterfront Property in Utah | Waterfront Property]]
* [[Wetlands in Utah | Wetlands]]
* [[Wills in Utah | Wills]]
* [[Withholding in Utah | Withholding]]
* [[Witnesses in Utah | Witnesses]]
* [[Zoning in Utah | Zoning]]
* [[Zoning Ordinances in Utah | Zoning Ordinances]]
|}

Utah

2026-04-28T15:21:56Z

Davidjenkins: /* Alphabetical Index */

* [[UT Operations Summary]]
* [[UT Underwriting Summary]]
* [[UT Underwriting References]]

==Alphabetical Index==

{| class="wikitable"; width="100%" |
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Utah | Abandonment]]
* [[Abstracters in Utah | Abstracters]]
* [[Abstractors in Utah | Abstractors]]
* [[Abstracts of Title in Utah | Abstracts of Title]]
* [[Access in Utah | Access]]
* [[Acknowledgments in Utah | Acknowledgments]]
* [[Acreage in Utah | Acreage]]
* [[Actions in Partition in Utah | Actions in Partition]]
* [[Actions to Quiet Title in Utah | Actions to Quiet Title]]
* [[Ad Valorem Taxes in Utah | Ad Valorem Taxes]]
* [[Adverse Possession in Utah | Adverse Possession]]
* [[Affidavits in Utah | Affidavits]]
* [[Affidavits of Heirship in Utah | Affidavits of Heirship]]
* [[Affidavits of Title in Utah | Affidavits of Title]]
* [[Affiliated Business Disclosures in Utah | Affiliated Business Disclosures]]
* [[Affirmative Coverage in Utah | Affirmative Coverage]]
* [[After-Acquired Title in Utah | After-Acquired Title]]
* [[Agency in Utah | Agency]]
* [[Agency Appointment in Utah | Agency Appointment]]
* [[Agency Licensing in Utah | Agency Licensing]]
* [[Agreements for Deed in Utah | Agreements for Deed]]
* [[Agreements of Sale in Utah | Agreements of Sale]]
* [[Agricultural Lands in Utah | Agricultural Lands]]
* [[Air Rights in Utah | Air Rights]]
* [[Airspace in Utah | Airspace]]
* [[Aliens in Utah | Aliens]]
* [[Alimony in Utah | Alimony]]
* [[Appeals in Utah | Appeals]]
* [[Apostilles in Utah | Apostilles]]
* [[Approved Attorneys in Utah | Approved Attorneys]]
* [[Appurtenant Easements in Utah | Appurtenant Easements]]
* [[Arbitration in Utah | Arbitration]]
* [[Assignments in Utah | Assignments]]
* [[Attachment in Utah | Attachment]]
* [[Attorney Certifications in Utah | Attorney Certifications]]
* [[Attorney Opinion Letters in Utah | Attorney Opinion Letters]]
* [[Attorney Title Certifications in Utah | Attorney Title Certifications]]
* [[Attorney Title Opinions in Utah | Attorney Title Opinions]]
* [[Audits in Utah | Audits]]
* [[Banking in Utah | Banking]]
* [[Bankruptcy in Utah | Bankruptcy]]
* [[Beach Rights in Utah | Beach Rights]]
* [[Beaches in Utah | Beaches]]
* [[Beneficiary Deeds in Utah | Beneficiary Deeds]]
* [[Boat Slips in Utah | Boat Slips]]
* [[Bona Fide Purchasers in Utah | Bona Fide Purchasers]]
* [[Boundaries in Utah | Boundaries]]
* [[Bricks and Mortar Requirements in Utah | Bricks and Mortar Requirements]]
* [[Broken Priority in Utah | Broken Priority]]
* [[Building Setback Lines in Utah | Building Setback Lines]]
* [[Cabin Clubs in Utah | Cabin Clubs]]
* [[Canals in Utah | Canals]]
* [[Capacity in Utah | Capacity]]
* [[Capital and Surplus Requirements in Utah | Capital and Surplus Requirements]]
* [[Cash Reporting in Utah | Cash Reporting]]
* [[Cemeteries in Utah | Cemeteries]]
* [[Certificates of Good Standing in Utah | Certificates of Good Standing]]
* [[Certifications of Trust in Utah | Certifications of Trust]]
* [[Chains of Title in Utah | Chains of Title]]
* [[Check Signatures in Utah | Check Signatures]]
* [[Chattels in Utah | Chattels]]
* [[Child Support Liens in Utah | Child Support Liens]]
* [[Church Titles in Utah | Church Titles]]
* [[Churches in Utah | Churches]]
* [[Civil Money Judgments in Utah | Civil Money Judgments]]
* [[Claims in Utah | Claims]]
* [[Closing and Escrow in Utah | Closing and Escrow]]
* [[Closing Cost Payment Customs in Utah | Closing Cost Payment Customs]]
* [[Closing Protection Letters in Utah | Closing Protection Letters]]
* [[Commitments in Utah | Commitments]]
* [[Common Law Marriage in Utah | Common Law Marriage]]
* [[Community Associations in Utah | Community Associations]]
* [[Community Property in Utah | Community Property]]
* [[Compliance in Utah | Compliance]]
* [[Condemnations in Utah | Condemnations]]
* [[Condominium Association Liens in Utah | Condominium Association Liens]]
* [[Condominiums in Utah | Condominiums]]
* [[Conservatorships in Utah | Conservatorships]]
* [[Construction Liens in Utah | Construction Liens]]
* [[Construction Loans in Utah | Construction Loans]]
* [[Contracts for Sale in Utah | Contracts for Sale]]
* [[Contracts for Deed in Utah | Contracts for Deed]]
* [[Cooperatives in Utah | Cooperatives]]
* [[Corporate Dissolution in Utah | Corporate Dissolution]]
* [[Corporations in Utah | Corporations]]
* [[Corrective Affidavits in Utah | Corrective Affidavits]]
* [[Corrective Instruments in Utah | Corrective Instruments]]
* [[Counties in Utah | Counties]]
* [[Cotenancies in Utah | Cotenancies]]
* [[Courts in Utah | Courts]]
* [[Covenants in Utah | Covenants]]
* [[Creditor's Rights in Utah | Creditor's Rights]]
* [[Criminal Money Judgments in Utah | Criminal Money Judgments]]
* [[Death Certificates in Utah | Death Certificates]]
* [[Death Taxes in Utah | Death Taxes]]
* [[Dedications in Utah | Dedications]]
* [[Deeds in Utah | Deeds]]
* [[Deeds in Lieu of Foreclosure in Utah | Deeds in Lieu of Foreclosure]]
* [[Deeds of Trust in Utah | Deeds of Trust]]
* [[Derivation Clauses in Utah | Derivation Clauses]]
* [[Descriptions in Utah | Descriptions]]
* [[Disabilities in Utah | Disabilities]]
* [[Disabled Persons in Utah | Disabled Persons]]
* [[Disbursements in Utah | Disbursements]]
* [[Disclosures in Utah | Disclosures]]
* [[Disclosure Requirements in Utah | Disclosure Requirements]]
* [[Dissolution of Corporations in Utah | Dissolution of Corporations]]
* [[Divorces in Utah | Divorces]]
* [[Dockominiums in Utah | Dockominiums]]
* [[Document Execution in Utah | Document Execution]]
* [[Document Preparation in Utah | Document Preparation]]
* [[Document Recording in Utah | Document Recording]]
* [[Doing Business Requirements in Utah | Doing Business Requirements]]
* [[Down Money Practices in Utah | Down Money Practices]]
* [[Drug Forfeitures in Utah | Drug Forfeitures]]
* [[Earnest Money Practices in Utah | Earnest Money Practices]]
* [[Easements in Utah | Easements]]
* [[Easements Appurtenant in Utah | Easements Appurtenant]]
* [[Easements by Implication in Utah | Easements by Implication]]
* [[Easements by Necessity in Utah | Easements by Necessity]]
* [[Easements by Prescription in Utah | Easements by Prescription]]
* [[Electronic Communications in Utah | Electronic Communications]]
* [[Eminent Domain in Utah | Eminent Domain]]
* [[Encroachments in Utah | Encroachments]]
* [[Endorsements in Utah | Endorsements]]
* [[Entities in Utah | Entities]]
* [[Environmental Law in Utah | Environmental Law]]
* [[Environmental Liens in Utah | Environmental Liens]]
* [[Equitable Subordination in Utah | Equitable Subordination]]
* [[Equitable Subrogation in Utah | Equitable Subrogation ]]
* [[Escheat in Utah | Escheat]]
* [[Escrow Accounts in Utah | Escrow Accounts]]
* [[Escrow Agent Licensing in Utah | Escrow Agent Licensing]]
* [[Escrow Instructions in Utah | Escrow Instructions]]
* [[Escrow Only in Utah | Escrow Only]]
* [[Escrow Rate Filing in Utah | Escrow Rate Filing]]
* [[Estate Taxes in Utah | Estate Taxes]]
* [[Estates in Utah | Estates]]
* [[Estoppels in Utah | Estoppels]]
* [[Exceptions in Utah | Exceptions]]
* [[Execution in Utah | Execution]]
* [[Execution of Instruments in Utah | Execution of Instruments]]
* [[Extended Coverage in Utah | Extended Coverage]]
| style="vertical-align: top;" |
* [[Federal Tax Liens in Utah | Federal Tax Liens]]
* [[Fee Splitting in Utah | Fee Splitting]]
* [[Fiduciaries in Utah | Fiduciaries]]
* [[File Retention Requirements in Utah | File Retention Requirements]]
* [[Filled-In Lands in Utah | Filled-In Lands]]
* [[Financing Statements in Utah | Financing Statements]]
* [[FIRPTA in Utah | FIRPTA]]
* [[Flood Searches in Utah | Flood Searches]]
* [[Foreclosures in Utah | Foreclosures]]
* [[Foreign Corporations in Utah | Foreign Corporations]]
* [[Forfeitures in Utah | Forfeitures]]
* [[Form Filing in Utah | Form Filing]]
* [[Forms in Utah | Forms]]
* [[Free Trader Agreements in Utah | Free Trader Agreements]]
* [[General Partnerships in Utah | General Partnerships]]
* [[Generic Exceptions in Utah | Generic Exceptions]]
* [[Gift Deeds in Utah | Gift Deeds]]
* [[Good Funds in Utah | Good Funds]]
* [[Government in Utah | Government]]
* [[Ground Rents in Utah | Ground Rents]]
* [[Guardianships in Utah | Guardianships]]
* [[HELOCS in Utah | HELOCS]]
* [[Heirs At Law in Utah | Heirs At Law]]
* [[Heirs Property in Utah | Heirs Property]]
* [[Highways in Utah | Highways]]
* [[Homestead in Utah | Homestead]]
* [[Hold Opens in Utah | Hold Opens]]
* [[Homeowners' Association Liens in Utah | Homeowners' Association Liens]]
* [[Hospital Liens in Utah | Hospital Liens]]
* [[Hospitals in Utah | Hospitals]]
* [[Implied Easements in Utah | Implied Easements]]
* [[Improvements in Utah | Improvements]]
* [[Incapacity in Utah | Incapacity]]
* [[Incompetence in Utah | Incompetence]]
* [[Incompetents in Utah | Incompetents]]
* [[Indemnifications in Utah | Indemnifications]]
* [[Indian Lands in Utah | Indian Lands]]
* [[Indian Titles in Utah | Indian Titles]]
* [[Inheritance in Utah | Inheritance]]
* [[Inheritance Taxes in Utah | Inheritance Taxes]]
* [[Installment Contracts in Utah | Installment Contracts]]
* [[Insured Closing Letters in Utah | Insured Closing Letters]]
* [[Insured Closing Services in Utah | Insured Closing Services]]
* [[Intestacy in Utah | Intestacy]]
* [[Islamic Financing in Utah | Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Utah | Joinder of Non-Titled Spouses]]
* [[Joint Tenancy in Utah | Joint Tenancy]]
* [[Judgments in Utah | Judgments]]
* [[Judicial Foreclosures in Utah | Judicial Foreclosures]]
* [[Judicial Proceedings in Utah | Judicial Proceedings]]
* [[Laches in Utah | Laches]]
* [[Ladybird Deeds in Utah | Ladybird Deeds]]
* [[Land Trusts in Utah | Land Trusts]]
* [[Leasehold Estates in Utah | Leasehold Estates]]
* [[Leasehold Interests in Utah | Leasehold Interests]]
* [[Leases in Utah | Leases]]
* [[Legal Descriptions in Utah | Legal Descriptions]]
* [[Legislation in Utah | Legislation]]
* [[Letters of Indemnification in Utah | Letters of Indemnification]]
* [[Liens in Utah | Liens]]
* [[Life Estates in Utah | Life Estates]]
* [[Limited Liability Companies in Utah | Limited Liability Companies]]
* [[Limited Partnerships in Utah | Limited Partnerships]]
* [[Lis Pendens in Utah | Lis Pendens]]
* [[Littoral Rights in Utah | Littoral Rights]]
* [[Mandatory Disclosures in Utah | Mandatory Disclosures]]
* [[Manufactured Homes in Utah | Manufactured Homes]]
* [[Manufactured Housing in Utah | Manufactured Housing]]
* [[Marital Interests in Utah | Marital Interests]]
* [[Marital Rights in Utah | Marital Rights]]
* [[Marketability of Title in Utah | Marketability of Title]]
* [[Marketable Title Act in Utah | Marketable Title Act]]
* [[Marketable Record Title Acts in Utah | Marketable Record Title Acts]]
* [[Materialmen's Liens in Utah | Materialmen's Liens]]
* [[Mechanic's Liens in Utah | Mechanic's Liens]]
* [[Mineral Estates in Utah | Mineral Estates]]
* [[Mineral Rights in Utah | Mineral Rights]]
* [[Minerals in Utah | Minerals]]
* [[Minimum Search Standards in Utah | Minimum Search Standards]]
* [[Minimum Title Search Requirements in Utah | Minimum Title Search Requirements]]
* [[Minors in Utah | Minors]]
* [[Missing Persons in Utah | Missing Persons]]
* [[Mobile Homes in Utah | Mobile Homes]]
* [[Modular Homes in Utah | Modular Homes]]
* [[Mortgages in Utah | Mortgages]]
* [[Municipal Assessments in Utah | Municipal Assessments]]
* [[Municipal Liens in Utah | Municipal Liens]]
* [[Mutual Indemnification Agreements in Utah | Mutual Indemnification Agreements]]
* [[Name Changes in Utah | Name Changes]]
* [[National Agents in Utah | National Agents]]
* [[New Construction in Utah | New Construction]]
* [[Non-Judicial Foreclosures in Utah | Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Utah | Non-Resident Withholding]]
* [[Notaries in Utah | Notaries]]
* [[Notices of Interest in Utah | Notices of Interest]]
* [[Notices of Settlement in Utah | Notices of Settlement]]
* [[Nursing Homes in Utah | Nursing Homes]]
* [[Options in Utah | Options]]
* [[Options to Purchase in Utah | Options to Purchase]]
* [[Owner's Policy Waivers in Utah | Owner's Policy Waivers]]
* [[Parties in Possession in Utah | Parties in Possession]]
* [[Partition Actions in Utah | Partition Actions]]
* [[Partnerships in Utah | Partnerships]]
* [[Party Walls in Utah | Party Walls]]
* [[Payment Customs in Utah | Payment Customs]]
* [[Prescriptive Easements in Utah | Prescriptive Easements]]
* [[Persons Under Disability in Utah | Persons Under Disability]]
* [[Plain Language in Utah | Plain Language]]
* [[Planned Unit Developments in Utah | Planned Unit Developments]]
* [[Plats in Utah | Plats]]
* [[Powers of Attorney in Utah | Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Utah | Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Utah | Pre-Foreclosure Policies]]
* [[Premium Rate Filing in Utah | Premium Rate Filing]]
* [[Pricing in Utah | Pricing]]
* [[Private Condemnation in Utah | Private Condemnation]]
* [[Private Road Actions in Utah | Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Utah | Pro Forma Title Insurance Policies]]
* [[Probate in Utah | Probate]]
* [[Public Lands in Utah | Public Lands]]
* [[Publicly Owned Lands in Utah | Publicly Owned Lands]]
* [[Public Records in Utah | Public Records]]
* [[Purchase Agreements in Utah | Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Utah | Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Utah | Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Utah | Purchase Money Security Instruments]]
* [[Quiet Title Actions in Utah | Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Utah | Railroad Titles]]
* [[Railroads in Utah | Railroads]]
* [[Rate and Form Filings in Utah | Rate and Form Filings]]
* [[Rate Regulation in Utah | Rate Regulation]]
* [[Religious Congregations in Utah | Religious Congregations]]
* [[Real Estate Broker Liens in Utah | Real Estate Broker Liens]]
* [[Real Estate Transfer Taxes in Utah | Real Estate Transfer Taxes]]
* [[Real Property Taxes in Utah | Real Property Taxes]]
* [[Rebates in Utah | Rebates]]
* [[Receivers in Utah | Receivers]]
* [[Receiverships in Utah | Receiverships]]
* [[Reconveyances in Utah | Reconveyances]]
* [[Record Retention Requirements in Utah | Record Retention Requirements]]
* [[Recording in Utah | Recording]]
* [[Recording Forms in Utah | Recording Forms]]
* [[Recording Jurisdictions in Utah | Recording Jurisdictions]]
* [[Recording Offices in Utah | Recording Offices]]
* [[Recording Requirements in Utah | Recording Requirements]]
* [[Recording Transfer Taxes in Utah | Recording Transfer Taxes]]
* [[Redemption Rights in Utah | Redemption Rights]]
* [[Registered Land in Utah | Registered Land]]
* [[Regulatory Agencies in Utah | Regulatory Agencies]]
* [[Regulatory Authority in Utah | Regulatory Authority]]
* [[Regulatory Filings in Utah | Regulatory Filings]]
* [[Remittances in Utah | Remittances]]
* [[Remote Online Notarization in Utah | Remote Online Notarization]]
* [[Residency Requirements in Utah | Residency Requirements]]
* [[Restrictions in Utah | Restrictions]]
* [[Restrictive Covenants in Utah | Restrictive Covenants]]
* [[Reversionary Clauses in Utah | Reversionary Clauses]]
* [[Rights of First Refusal in Utah | Rights of First Refusal]]
* [[Rights of Way in Utah | Rights of Way]]
* [[Riparian Rights in Utah | Riparian Rights]]
* [[Roads in Utah | Roads]]
* [[RON in Utah | RON]]
* [[Rule Against Perpetuities in Utah | Rule Against Perpetuities]]
* [[Schools in Utah | Schools]]
* [[Scrivener's Affidavits in Utah | Scrivener's Affidavits]]
* [[Security Instruments in Utah | Security Instruments]]
* [[Settlement Statements in Utah | Settlement Statements]]
* [[Severed Improvements in Utah | Severed Improvements]]
* [[Signatures in Utah | Signatures]]
* [[Slayer's Act in Utah | Slayer's Act]]
* [[Sources of Authority in Utah | Sources of Authority]]
* [[Split Closings in Utah | Split Closings]]
* [[Spousal Joinder in Utah | Spousal Joinder]]
* [[Standard Exceptions in Utah | Standard Exceptions ]]
* [[Standard Requirements in Utah | Standard Requirements]]
* [[Standard Title Search Period in Utah | Standard Title Search Period]]
* [[State Tax Liens in Utah | State Tax Liens]]
* [[Streets in Utah | Streets]]
* [[Subdivisions in Utah | Subdivisions]]
* [[Subordination Agreements in Utah | Subordination Agreements]]
* [[Summary in Utah | Summary]]
* [[Superfund Liens in Utah | Superfund Liens]]
* [[Survey Requirements in Utah | Survey Requirements]]
* [[Surveys in Utah | Surveys]]
* [[Survivorship Estates in Utah | Survivorship Estates]]
* [[Synthetic Leases in Utah | Synthetic Leases]]
* [[Tax Certifications in Utah | Tax Certifications]]
* [[Tax Deeds in Utah | Tax Deeds]]
* [[Tax Liens in Utah | Tax Liens]]
* [[Tax Sales in Utah | Tax Sales]]
* [[Tax Titles in Utah | Tax Titles]]
* [[Taxes in Utah | Taxes]]
* [[Template in Utah | '''Article Template'']]
* [[Tenancies in Utah | Tenancies]]
* [[Tenancy by the Entirety in Utah | Tenancy by the Entirety]]
* [[Tenancy in Common in Utah | Tenancy in Common]]
* [[Tidelands in Utah | Tidelands]]
* [[Timeshare Estates in Utah | Timeshare Estates]]
* [[Timeshares in Utah | Timeshares]]
* [[Timberlands in Utah | Timberlands]]
* [[Title Agent Audits in Utah | Title Agent Audits]]
* [[Title Agent Audit Requirements in Utah | Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Utah | Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Utah | Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Utah | Title Agent Licensing]]
* [[Title Agent Marketing in Utah | Title Agent Marketing]]
* [[Title Agent Naming Requirements in Utah | Title Agent Naming Requirements]]
* [[Title Agent Remittance Requirements in Utah | Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Utah | Title Agent Reporting Requirements]]
* [[Title Agent Requirements in Utah | Title Agent Requirements]]
* [[Title Agent Residency Requirements in Utah | Title Agent Residency Requirements]]
* [[Title Curative in Utah | Title Curative]]
* [[Title Examination in Utah | Title Examination]]
* [[Title Examination Standards in Utah | Title Examination Standards]]
* [[Title Insurance Commitments in Utah | Title Insurance Commitments]]
* [[Title Insurance Endorsements in Utah | Title Insurance Endorsements]]
* [[Title Insurance Policies in Utah | Title Insurance Policies]]
* [[Title Insurance Rates in Utah | Title Insurance Rates]]
* [[Title Insurance Waivers in Utah | Title Insurance Waivers]]
* [[Title Plants in Utah | Title Plants]]
* [[Title Production in Utah | Title Production]]
* [[Title Searching in Utah | Title Searching]]
* [[Title Underwriting in Utah | Title Underwriting]]
* [[Torrens Property in Utah | Torrens Property]]
* [[Transfer on Death Deeds in Utah | Transfer on Death Deeds]]
* [[Transfer Taxes in Utah | Transfer Taxes]]
* [[Trusts in Utah | Trusts]]
* [[Trustee Sale Guarantees in Utah | Trustee Sale Guarantees]]
* [[Trustees in Utah | Trustees]]
* [[UCC Financing Statements in Utah | UCC Financing Statements]]
* [[Unauthorized Practice of Law in Utah | Unauthorized Practice of Law]]
* [[Underwriter Appointment in Utah | Underwriter Appointment]]
* [[Uniform Commercial Code in Utah | Uniform Commercial Code]]
* [[Unincorporated Associations in Utah | Unincorporated Associations]]
* [[Usury in Utah | Usury]]
* [[Vacation Proceedings in Utah | Vacation Proceedings]]
* [[Vendees' Liens in Utah | Vendees' Liens]]
* [[Vendor's Liens in Utah | Vendor's Liens]]
* [[Water in Utah | Water]]
* [[Water Bills in Utah | Water Bills]]
* [[Water Rights in Utah | Water Rights]]
* [[Waterfront Property in Utah | Waterfront Property]]
* [[Wetlands in Utah | Wetlands]]
* [[Wills in Utah | Wills]]
* [[Withholding in Utah | Withholding]]
* [[Witnesses in Utah | Witnesses]]
* [[Zoning in Utah | Zoning]]
* [[Zoning Ordinances in Utah | Zoning Ordinances]]
|}

Transfer on Death Deeds in Utah

2026-04-28T15:18:55Z

Davidjenkins: /* Cross-References */

==Overview==

===Sources===

===Compliance===

===Forms===

===Search===

===Examination===

===Underwriting===

===Recording===

===Pricing===

==Cross-References==
* [[Utah]]
** [[Deeds in Utah]]
** [[Estates in Utah]]
** [[Ladybird Deeds in Utah]]
* [[Transfer on Death Deeds]]

Utah

2026-04-28T15:17:56Z

Davidjenkins: /* Alphabetical Index */

* [[UT Operations Summary]]
* [[UT Underwriting Summary]]
* [[UT Underwriting References]]

==Alphabetical Index==

{| class="wikitable"; width="100%" |
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Utah | Abandonment]]
* [[Abstracters in Utah | Abstracters]]
* [[Abstractors in Utah | Abstractors]]
* [[Abstracts of Title in Utah | Abstracts of Title]]
* [[Access in Utah | Access]]
* [[Acknowledgments in Utah | Acknowledgments]]
* [[Acreage in Utah | Acreage]]
* [[Actions in Partition in Utah | Actions in Partition]]
* [[Actions to Quiet Title in Utah | Actions to Quiet Title]]
* [[Ad Valorem Taxes in Utah | Ad Valorem Taxes]]
* [[Adverse Possession in Utah | Adverse Possession]]
* [[Affidavits in Utah | Affidavits]]
* [[Affidavits of Heirship in Utah | Affidavits of Heirship]]
* [[Affidavits of Title in Utah | Affidavits of Title]]
* [[Affiliated Business Disclosures in Utah | Affiliated Business Disclosures]]
* [[Affirmative Coverage in Utah | Affirmative Coverage]]
* [[After-Acquired Title in Utah | After-Acquired Title]]
* [[Agency in Utah | Agency]]
* [[Agency Appointment in Utah | Agency Appointment]]
* [[Agency Licensing in Utah | Agency Licensing]]
* [[Agreements for Deed in Utah | Agreements for Deed]]
* [[Agreements of Sale in Utah | Agreements of Sale]]
* [[Agricultural Lands in Utah | Agricultural Lands]]
* [[Air Rights in Utah | Air Rights]]
* [[Airspace in Utah | Airspace]]
* [[Aliens in Utah | Aliens]]
* [[Alimony in Utah | Alimony]]
* [[Appeals in Utah | Appeals]]
* [[Apostilles in Utah | Apostilles]]
* [[Approved Attorneys in Utah | Approved Attorneys]]
* [[Appurtenant Easements in Utah | Appurtenant Easements]]
* [[Arbitration in Utah | Arbitration]]
* [[Assignments in Utah | Assignments]]
* [[Attachment in Utah | Attachment]]
* [[Attorney Certifications in Utah | Attorney Certifications]]
* [[Attorney Opinion Letters in Utah | Attorney Opinion Letters]]
* [[Attorney Title Certifications in Utah | Attorney Title Certifications]]
* [[Attorney Title Opinions in Utah | Attorney Title Opinions]]
* [[Audits in Utah | Audits]]
* [[Banking in Utah | Banking]]
* [[Bankruptcy in Utah | Bankruptcy]]
* [[Beach Rights in Utah | Beach Rights]]
* [[Beaches in Utah | Beaches]]
* [[Beneficiary Deeds in Utah | Beneficiary Deeds]]
* [[Boat Slips in Utah | Boat Slips]]
* [[Bona Fide Purchasers in Utah | Bona Fide Purchasers]]
* [[Boundaries in Utah | Boundaries]]
* [[Bricks and Mortar Requirements in Utah | Bricks and Mortar Requirements]]
* [[Broken Priority in Utah | Broken Priority]]
* [[Building Setback Lines in Utah | Building Setback Lines]]
* [[Cabin Clubs in Utah | Cabin Clubs]]
* [[Canals in Utah | Canals]]
* [[Capacity in Utah | Capacity]]
* [[Capital and Surplus Requirements in Utah | Capital and Surplus Requirements]]
* [[Cash Reporting in Utah | Cash Reporting]]
* [[Cemeteries in Utah | Cemeteries]]
* [[Certificates of Good Standing in Utah | Certificates of Good Standing]]
* [[Certifications of Trust in Utah | Certifications of Trust]]
* [[Chains of Title in Utah | Chains of Title]]
* [[Check Signatures in Utah | Check Signatures]]
* [[Chattels in Utah | Chattels]]
* [[Child Support Liens in Utah | Child Support Liens]]
* [[Church Titles in Utah | Church Titles]]
* [[Churches in Utah | Churches]]
* [[Civil Money Judgments in Utah | Civil Money Judgments]]
* [[Claims in Utah | Claims]]
* [[Closing and Escrow in Utah | Closing and Escrow]]
* [[Closing Cost Payment Customs in Utah | Closing Cost Payment Customs]]
* [[Closing Protection Letters in Utah | Closing Protection Letters]]
* [[Commitments in Utah | Commitments]]
* [[Common Law Marriage in Utah | Common Law Marriage]]
* [[Community Associations in Utah | Community Associations]]
* [[Community Property in Utah | Community Property]]
* [[Compliance in Utah | Compliance]]
* [[Condemnations in Utah | Condemnations]]
* [[Condominium Association Liens in Utah | Condominium Association Liens]]
* [[Condominiums in Utah | Condominiums]]
* [[Conservatorships in Utah | Conservatorships]]
* [[Construction Liens in Utah | Construction Liens]]
* [[Construction Loans in Utah | Construction Loans]]
* [[Contracts for Sale in Utah | Contracts for Sale]]
* [[Contracts for Deed in Utah | Contracts for Deed]]
* [[Cooperatives in Utah | Cooperatives]]
* [[Corporate Dissolution in Utah | Corporate Dissolution]]
* [[Corporations in Utah | Corporations]]
* [[Corrective Affidavits in Utah | Corrective Affidavits]]
* [[Corrective Instruments in Utah | Corrective Instruments]]
* [[Counties in Utah | Counties]]
* [[Cotenancies in Utah | Cotenancies]]
* [[Courts in Utah | Courts]]
* [[Covenants in Utah | Covenants]]
* [[Creditor's Rights in Utah | Creditor's Rights]]
* [[Criminal Money Judgments in Utah | Criminal Money Judgments]]
* [[Death Certificates in Utah | Death Certificates]]
* [[Death Taxes in Utah | Death Taxes]]
* [[Dedications in Utah | Dedications]]
* [[Deeds in Utah | Deeds]]
* [[Deeds in Lieu of Foreclosure in Utah | Deeds in Lieu of Foreclosure]]
* [[Deeds of Trust in Utah | Deeds of Trust]]
* [[Derivation Clauses in Utah | Derivation Clauses]]
* [[Descriptions in Utah | Descriptions]]
* [[Disabilities in Utah | Disabilities]]
* [[Disabled Persons in Utah | Disabled Persons]]
* [[Disbursements in Utah | Disbursements]]
* [[Disclosures in Utah | Disclosures]]
* [[Disclosure Requirements in Utah | Disclosure Requirements]]
* [[Dissolution of Corporations in Utah | Dissolution of Corporations]]
* [[Divorces in Utah | Divorces]]
* [[Dockominiums in Utah | Dockominiums]]
* [[Document Execution in Utah | Document Execution]]
* [[Document Preparation in Utah | Document Preparation]]
* [[Document Recording in Utah | Document Recording]]
* [[Doing Business Requirements in Utah | Doing Business Requirements]]
* [[Down Money Practices in Utah | Down Money Practices]]
* [[Drug Forfeitures in Utah | Drug Forfeitures]]
* [[Earnest Money Practices in Utah | Earnest Money Practices]]
* [[Easements in Utah | Easements]]
* [[Easements Appurtenant in Utah | Easements Appurtenant]]
* [[Easements by Implication in Utah | Easements by Implication]]
* [[Easements by Necessity in Utah | Easements by Necessity]]
* [[Easements by Prescription in Utah | Easements by Prescription]]
* [[Electronic Communications in Utah | Electronic Communications]]
* [[Eminent Domain in Utah | Eminent Domain]]
* [[Encroachments in Utah | Encroachments]]
* [[Endorsements in Utah | Endorsements]]
* [[Entities in Utah | Entities]]
* [[Environmental Law in Utah | Environmental Law]]
* [[Environmental Liens in Utah | Environmental Liens]]
* [[Equitable Subordination in Utah | Equitable Subordination]]
* [[Equitable Subrogation in Utah | Equitable Subrogation ]]
* [[Escheat in Utah | Escheat]]
* [[Escrow Accounts in Utah | Escrow Accounts]]
* [[Escrow Agent Licensing in Utah | Escrow Agent Licensing]]
* [[Escrow Instructions in Utah | Escrow Instructions]]
* [[Escrow Only in Utah | Escrow Only]]
* [[Escrow Rate Filing in Utah | Escrow Rate Filing]]
* [[Estate Taxes in Utah | Estate Taxes]]
* [[Estates in Utah | Estates]]
* [[Estoppels in Utah | Estoppels]]
* [[Exceptions in Utah | Exceptions]]
* [[Execution in Utah | Execution]]
* [[Execution of Instruments in Utah | Execution of Instruments]]
* [[Extended Coverage in Utah | Extended Coverage]]
| style="vertical-align: top;" |
* [[Federal Tax Liens in Utah | Federal Tax Liens]]
* [[Fee Splitting in Utah | Fee Splitting]]
* [[Fiduciaries in Utah | Fiduciaries]]
* [[File Retention Requirements in Utah | File Retention Requirements]]
* [[Filled-In Lands in Utah | Filled-In Lands]]
* [[Financing Statements in Utah | Financing Statements]]
* [[FIRPTA in Utah | FIRPTA]]
* [[Flood Searches in Utah | Flood Searches]]
* [[Foreclosures in Utah | Foreclosures]]
* [[Foreign Corporations in Utah | Foreign Corporations]]
* [[Forfeitures in Utah | Forfeitures]]
* [[Form Filing in Utah | Form Filing]]
* [[Forms in Utah | Forms]]
* [[Free Trader Agreements in Utah | Free Trader Agreements]]
* [[General Partnerships in Utah | General Partnerships]]
* [[Generic Exceptions in Utah | Generic Exceptions]]
* [[Gift Deeds in Utah | Gift Deeds]]
* [[Good Funds in Utah | Good Funds]]
* [[Government in Utah | Government]]
* [[Ground Rents in Utah | Ground Rents]]
* [[Guardianships in Utah | Guardianships]]
* [[HELOCS in Utah | HELOCS]]
* [[Heirs At Law in Utah | Heirs At Law]]
* [[Heirs Property in Utah | Heirs Property]]
* [[Highways in Utah | Highways]]
* [[Homestead in Utah | Homestead]]
* [[Hold Opens in Utah | Hold Opens]]
* [[Homeowners' Association Liens in Utah | Homeowners' Association Liens]]
* [[Hospital Liens in Utah | Hospital Liens]]
* [[Hospitals in Utah | Hospitals]]
* [[Implied Easements in Utah | Implied Easements]]
* [[Improvements in Utah | Improvements]]
* [[Incapacity in Utah | Incapacity]]
* [[Incompetence in Utah | Incompetence]]
* [[Incompetents in Utah | Incompetents]]
* [[Indemnifications in Utah | Indemnifications]]
* [[Indian Lands in Utah | Indian Lands]]
* [[Indian Titles in Utah | Indian Titles]]
* [[Inheritance in Utah | Inheritance]]
* [[Inheritance Taxes in Utah | Inheritance Taxes]]
* [[Installment Contracts in Utah | Installment Contracts]]
* [[Insured Closing Letters in Utah | Insured Closing Letters]]
* [[Insured Closing Services in Utah | Insured Closing Services]]
* [[Intestacy in Utah | Intestacy]]
* [[Islamic Financing in Utah | Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Utah | Joinder of Non-Titled Spouses]]
* [[Joint Tenancy in Utah | Joint Tenancy]]
* [[Judgments in Utah | Judgments]]
* [[Judicial Foreclosures in Utah | Judicial Foreclosures]]
* [[Judicial Proceedings in Utah | Judicial Proceedings]]
* [[Laches in Utah | Laches]]
* [[Ladybird Deeds in Utah | Ladybird Deeds]]
* [[Land Trusts in Utah | Land Trusts]]
* [[Leasehold Estates in Utah | Leasehold Estates]]
* [[Leasehold Interests in Utah | Leasehold Interests]]
* [[Leases in Utah | Leases]]
* [[Legal Descriptions in Utah | Legal Descriptions]]
* [[Legislation in Utah | Legislation]]
* [[Letters of Indemnification in Utah | Letters of Indemnification]]
* [[Liens in Utah | Liens]]
* [[Life Estates in Utah | Life Estates]]
* [[Limited Liability Companies in Utah | Limited Liability Companies]]
* [[Limited Partnerships in Utah | Limited Partnerships]]
* [[Lis Pendens in Utah | Lis Pendens]]
* [[Littoral Rights in Utah | Littoral Rights]]
* [[Mandatory Disclosures in Utah | Mandatory Disclosures]]
* [[Manufactured Homes in Utah | Manufactured Homes]]
* [[Manufactured Housing in Utah | Manufactured Housing]]
* [[Marital Interests in Utah | Marital Interests]]
* [[Marital Rights in Utah | Marital Rights]]
* [[Marketability of Title in Utah | Marketability of Title]]
* [[Marketable Title Act in Utah | Marketable Title Act]]
* [[Marketable Record Title Acts in Utah | Marketable Record Title Acts]]
* [[Materialmen's Liens in Utah | Materialmen's Liens]]
* [[Mechanic's Liens in Utah | Mechanic's Liens]]
* [[Mineral Estates in Utah | Mineral Estates]]
* [[Mineral Rights in Utah | Mineral Rights]]
* [[Minerals in Utah | Minerals]]
* [[Minimum Search Standards in Utah | Minimum Search Standards]]
* [[Minimum Title Search Requirements in Utah | Minimum Title Search Requirements]]
* [[Minors in Utah | Minors]]
* [[Missing Persons in Utah | Missing Persons]]
* [[Mobile Homes in Utah | Mobile Homes]]
* [[Modular Homes in Utah | Modular Homes]]
* [[Mortgages in Utah | Mortgages]]
* [[Municipal Assessments in Utah | Municipal Assessments]]
* [[Municipal Liens in Utah | Municipal Liens]]
* [[Mutual Indemnification Agreements in Utah | Mutual Indemnification Agreements]]
* [[Name Changes in Utah | Name Changes]]
* [[National Agents in Utah | National Agents]]
* [[New Construction in Utah | New Construction]]
* [[Non-Judicial Foreclosures in Utah | Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Utah | Non-Resident Withholding]]
* [[Notaries in Utah | Notaries]]
* [[Notices of Interest in Utah | Notices of Interest]]
* [[Notices of Settlement in Utah | Notices of Settlement]]
* [[Nursing Homes in Utah | Nursing Homes]]
* [[Options in Utah | Options]]
* [[Options to Purchase in Utah | Options to Purchase]]
* [[Owner's Policy Waivers in Utah | Owner's Policy Waivers]]
* [[Parties in Possession in Utah | Parties in Possession]]
* [[Partition Actions in Utah | Partition Actions]]
* [[Partnerships in Utah | Partnerships]]
* [[Party Walls in Utah | Party Walls]]
* [[Payment Customs in Utah | Payment Customs]]
* [[Prescriptive Easements in Utah | Prescriptive Easements]]
* [[Persons Under Disability in Utah | Persons Under Disability]]
* [[Plain Language in Utah | Plain Language]]
* [[Planned Unit Developments in Utah | Planned Unit Developments]]
* [[Plats in Utah | Plats]]
* [[Powers of Attorney in Utah | Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Utah | Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Utah | Pre-Foreclosure Policies]]
* [[Premium Rate Filing in Utah | Premium Rate Filing]]
* [[Pricing in Utah | Pricing]]
* [[Private Condemnation in Utah | Private Condemnation]]
* [[Private Road Actions in Utah | Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Utah | Pro Forma Title Insurance Policies]]
* [[Probate in Utah | Probate]]
* [[Public Lands in Utah | Public Lands]]
* [[Publicly Owned Lands in Utah | Publicly Owned Lands]]
* [[Public Records in Utah | Public Records]]
* [[Purchase Agreements in Utah | Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Utah | Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Utah | Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Utah | Purchase Money Security Instruments]]
* [[Quiet Title Actions in Utah | Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Utah | Railroad Titles]]
* [[Railroads in Utah | Railroads]]
* [[Rate and Form Filings in Utah | Rate and Form Filings]]
* [[Rate Regulation in Utah | Rate Regulation]]
* [[Religious Congregations in Utah | Religious Congregations]]
* [[Real Estate Broker Liens in Utah | Real Estate Broker Liens]]
* [[Real Estate Transfer Taxes in Utah | Real Estate Transfer Taxes]]
* [[Real Property Taxes in Utah | Real Property Taxes]]
* [[Rebates in Utah | Rebates]]
* [[Receivers in Utah | Receivers]]
* [[Receiverships in Utah | Receiverships]]
* [[Reconveyances in Utah | Reconveyances]]
* [[Record Retention Requirements in Utah | Record Retention Requirements]]
* [[Recording in Utah | Recording]]
* [[Recording Forms in Utah | Recording Forms]]
* [[Recording Jurisdictions in Utah | Recording Jurisdictions]]
* [[Recording Offices in Utah | Recording Offices]]
* [[Recording Requirements in Utah | Recording Requirements]]
* [[Recording Transfer Taxes in Utah | Recording Transfer Taxes]]
* [[Redemption Rights in Utah | Redemption Rights]]
* [[Registered Land in Utah | Registered Land]]
* [[Regulatory Agencies in Utah | Regulatory Agencies]]
* [[Regulatory Authority in Utah | Regulatory Authority]]
* [[Regulatory Filings in Utah | Regulatory Filings]]
* [[Remittances in Utah | Remittances]]
* [[Remote Online Notarization in Utah | Remote Online Notarization]]
* [[Residency Requirements in Utah | Residency Requirements]]
* [[Restrictions in Utah | Restrictions]]
* [[Restrictive Covenants in Utah | Restrictive Covenants]]
* [[Reversionary Clauses in Utah | Reversionary Clauses]]
* [[Rights of First Refusal in Utah | Rights of First Refusal]]
* [[Rights of Way in Utah | Rights of Way]]
* [[Riparian Rights in Utah | Riparian Rights]]
* [[Roads in Utah | Roads]]
* [[RON in Utah | RON]]
* [[Rule Against Perpetuities in Utah | Rule Against Perpetuities]]
* [[Schools in Utah | Schools]]
* [[Scrivener's Affidavits in Utah | Scrivener's Affidavits]]
* [[Security Instruments in Utah | Security Instruments]]
* [[Settlement Statements in Utah | Settlement Statements]]
* [[Severed Improvements in Utah | Severed Improvements]]
* [[Signatures in Utah | Signatures]]
* [[Slayer's Act in Utah | Slayer's Act]]
* [[Sources of Authority in Utah | Sources of Authority]]
* [[Split Closings in Utah | Split Closings]]
* [[Spousal Joinder in Utah | Spousal Joinder]]
* [[Standard Exceptions in Utah | Standard Exceptions ]]
* [[Standard Requirements in Utah | Standard Requirements]]
* [[Standard Title Search Period in Utah | Standard Title Search Period]]
* [[State Tax Liens in Utah | State Tax Liens]]
* [[Streets in Utah | Streets]]
* [[Subdivisions in Utah | Subdivisions]]
* [[Subordination Agreements in Utah | Subordination Agreements]]
* [[Summary in Utah | Summary]]
* [[Superfund Liens in Utah | Superfund Liens]]
* [[Survey Requirements in Utah | Survey Requirements]]
* [[Surveys in Utah | Surveys]]
* [[Survivorship Estates in Utah | Survivorship Estates]]
* [[Synthetic Leases in Utah | Synthetic Leases]]
* [[Tax Certifications in Utah | Tax Certifications]]
* [[Tax Deeds in Utah | Tax Deeds]]
* [[Tax Liens in Utah | Tax Liens]]
* [[Tax Sales in Utah | Tax Sales]]
* [[Tax Titles in Utah | Tax Titles]]
* [[Taxes in Utah | Taxes]]
* [[Tenancies in Utah | Tenancies]]
* [[Tenancy by the Entirety in Utah | Tenancy by the Entirety]]
* [[Tenancy in Common in Utah | Tenancy in Common]]
* [[Tidelands in Utah | Tidelands]]
* [[Timeshare Estates in Utah | Timeshare Estates]]
* [[Timeshares in Utah | Timeshares]]
* [[Timberlands in Utah | Timberlands]]
* [[Title Agent Audits in Utah | Title Agent Audits]]
* [[Title Agent Audit Requirements in Utah | Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Utah | Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Utah | Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Utah | Title Agent Licensing]]
* [[Title Agent Marketing in Utah | Title Agent Marketing]]
* [[Title Agent Naming Requirements in Utah | Title Agent Naming Requirements]]
* [[Title Agent Remittance Requirements in Utah | Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Utah | Title Agent Reporting Requirements]]
* [[Title Agent Requirements in Utah | Title Agent Requirements]]
* [[Title Agent Residency Requirements in Utah | Title Agent Residency Requirements]]
* [[Title Curative in Utah | Title Curative]]
* [[Title Examination in Utah | Title Examination]]
* [[Title Examination Standards in Utah | Title Examination Standards]]
* [[Title Insurance Commitments in Utah | Title Insurance Commitments]]
* [[Title Insurance Endorsements in Utah | Title Insurance Endorsements]]
* [[Title Insurance Policies in Utah | Title Insurance Policies]]
* [[Title Insurance Rates in Utah | Title Insurance Rates]]
* [[Title Insurance Waivers in Utah | Title Insurance Waivers]]
* [[Title Plants in Utah | Title Plants]]
* [[Title Production in Utah | Title Production]]
* [[Title Searching in Utah | Title Searching]]
* [[Title Underwriting in Utah | Title Underwriting]]
* [[Torrens Property in Utah | Torrens Property]]
* [[Transfer on Death Deeds in Utah | Transfer on Death Deeds]]
* [[Transfer Taxes in Utah | Transfer Taxes]]
* [[Trusts in Utah | Trusts]]
* [[Trustee Sale Guarantees in Utah | Trustee Sale Guarantees]]
* [[Trustees in Utah | Trustees]]
* [[UCC Financing Statements in Utah | UCC Financing Statements]]
* [[Unauthorized Practice of Law in Utah | Unauthorized Practice of Law]]
* [[Underwriter Appointment in Utah | Underwriter Appointment]]
* [[Uniform Commercial Code in Utah | Uniform Commercial Code]]
* [[Unincorporated Associations in Utah | Unincorporated Associations]]
* [[Usury in Utah | Usury]]
* [[Vacation Proceedings in Utah | Vacation Proceedings]]
* [[Vendees' Liens in Utah | Vendees' Liens]]
* [[Vendor's Liens in Utah | Vendor's Liens]]
* [[Water in Utah | Water]]
* [[Water Bills in Utah | Water Bills]]
* [[Water Rights in Utah | Water Rights]]
* [[Waterfront Property in Utah | Waterfront Property]]
* [[Wetlands in Utah | Wetlands]]
* [[Wills in Utah | Wills]]
* [[Withholding in Utah | Withholding]]
* [[Witnesses in Utah | Witnesses]]
* [[Zoning in Utah | Zoning]]
* [[Zoning Ordinances in Utah | Zoning Ordinances]]
|}

Utah

2026-04-28T15:16:13Z

Davidjenkins:

* [[UT Operations Summary]]
* [[UT Underwriting Summary]]
* [[UT Underwriting References]]

==Alphabetical Index==

{| class="wikitable"
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Utah | Abandonment]]
* [[Abstracters in Utah | Abstracters]]
* [[Abstractors in Utah | Abstractors]]
* [[Abstracts of Title in Utah | Abstracts of Title]]
* [[Access in Utah | Access]]
* [[Acknowledgments in Utah | Acknowledgments]]
* [[Acreage in Utah | Acreage]]
* [[Actions in Partition in Utah | Actions in Partition]]
* [[Actions to Quiet Title in Utah | Actions to Quiet Title]]
* [[Ad Valorem Taxes in Utah | Ad Valorem Taxes]]
* [[Adverse Possession in Utah | Adverse Possession]]
* [[Affidavits in Utah | Affidavits]]
* [[Affidavits of Heirship in Utah | Affidavits of Heirship]]
* [[Affidavits of Title in Utah | Affidavits of Title]]
* [[Affiliated Business Disclosures in Utah | Affiliated Business Disclosures]]
* [[Affirmative Coverage in Utah | Affirmative Coverage]]
* [[After-Acquired Title in Utah | After-Acquired Title]]
* [[Agency in Utah | Agency]]
* [[Agency Appointment in Utah | Agency Appointment]]
* [[Agency Licensing in Utah | Agency Licensing]]
* [[Agreements for Deed in Utah | Agreements for Deed]]
* [[Agreements of Sale in Utah | Agreements of Sale]]
* [[Agricultural Lands in Utah | Agricultural Lands]]
* [[Air Rights in Utah | Air Rights]]
* [[Airspace in Utah | Airspace]]
* [[Aliens in Utah | Aliens]]
* [[Alimony in Utah | Alimony]]
* [[Appeals in Utah | Appeals]]
* [[Apostilles in Utah | Apostilles]]
* [[Approved Attorneys in Utah | Approved Attorneys]]
* [[Appurtenant Easements in Utah | Appurtenant Easements]]
* [[Arbitration in Utah | Arbitration]]
* [[Assignments in Utah | Assignments]]
* [[Attachment in Utah | Attachment]]
* [[Attorney Certifications in Utah | Attorney Certifications]]
* [[Attorney Opinion Letters in Utah | Attorney Opinion Letters]]
* [[Attorney Title Certifications in Utah | Attorney Title Certifications]]
* [[Attorney Title Opinions in Utah | Attorney Title Opinions]]
* [[Audits in Utah | Audits]]
* [[Banking in Utah | Banking]]
* [[Bankruptcy in Utah | Bankruptcy]]
* [[Beach Rights in Utah | Beach Rights]]
* [[Beaches in Utah | Beaches]]
* [[Beneficiary Deeds in Utah | Beneficiary Deeds]]
* [[Boat Slips in Utah | Boat Slips]]
* [[Bona Fide Purchasers in Utah | Bona Fide Purchasers]]
* [[Boundaries in Utah | Boundaries]]
* [[Bricks and Mortar Requirements in Utah | Bricks and Mortar Requirements]]
* [[Broken Priority in Utah | Broken Priority]]
* [[Building Setback Lines in Utah | Building Setback Lines]]
* [[Cabin Clubs in Utah | Cabin Clubs]]
* [[Canals in Utah | Canals]]
* [[Capacity in Utah | Capacity]]
* [[Capital and Surplus Requirements in Utah | Capital and Surplus Requirements]]
* [[Cash Reporting in Utah | Cash Reporting]]
* [[Cemeteries in Utah | Cemeteries]]
* [[Certificates of Good Standing in Utah | Certificates of Good Standing]]
* [[Certifications of Trust in Utah | Certifications of Trust]]
* [[Chains of Title in Utah | Chains of Title]]
* [[Check Signatures in Utah | Check Signatures]]
* [[Chattels in Utah | Chattels]]
* [[Child Support Liens in Utah | Child Support Liens]]
* [[Church Titles in Utah | Church Titles]]
* [[Churches in Utah | Churches]]
* [[Civil Money Judgments in Utah | Civil Money Judgments]]
* [[Claims in Utah | Claims]]
* [[Closing and Escrow in Utah | Closing and Escrow]]
* [[Closing Cost Payment Customs in Utah | Closing Cost Payment Customs]]
* [[Closing Protection Letters in Utah | Closing Protection Letters]]
* [[Commitments in Utah | Commitments]]
* [[Common Law Marriage in Utah | Common Law Marriage]]
* [[Community Associations in Utah | Community Associations]]
* [[Community Property in Utah | Community Property]]
* [[Compliance in Utah | Compliance]]
* [[Condemnations in Utah | Condemnations]]
* [[Condominium Association Liens in Utah | Condominium Association Liens]]
* [[Condominiums in Utah | Condominiums]]
* [[Conservatorships in Utah | Conservatorships]]
* [[Construction Liens in Utah | Construction Liens]]
* [[Construction Loans in Utah | Construction Loans]]
* [[Contracts for Sale in Utah | Contracts for Sale]]
* [[Contracts for Deed in Utah | Contracts for Deed]]
* [[Cooperatives in Utah | Cooperatives]]
* [[Corporate Dissolution in Utah | Corporate Dissolution]]
* [[Corporations in Utah | Corporations]]
* [[Corrective Affidavits in Utah | Corrective Affidavits]]
* [[Corrective Instruments in Utah | Corrective Instruments]]
* [[Counties in Utah | Counties]]
* [[Cotenancies in Utah | Cotenancies]]
* [[Courts in Utah | Courts]]
* [[Covenants in Utah | Covenants]]
* [[Creditor's Rights in Utah | Creditor's Rights]]
* [[Criminal Money Judgments in Utah | Criminal Money Judgments]]
* [[Death Certificates in Utah | Death Certificates]]
* [[Death Taxes in Utah | Death Taxes]]
* [[Dedications in Utah | Dedications]]
* [[Deeds in Utah | Deeds]]
* [[Deeds in Lieu of Foreclosure in Utah | Deeds in Lieu of Foreclosure]]
* [[Deeds of Trust in Utah | Deeds of Trust]]
* [[Derivation Clauses in Utah | Derivation Clauses]]
* [[Descriptions in Utah | Descriptions]]
* [[Disabilities in Utah | Disabilities]]
* [[Disabled Persons in Utah | Disabled Persons]]
* [[Disbursements in Utah | Disbursements]]
* [[Disclosures in Utah | Disclosures]]
* [[Disclosure Requirements in Utah | Disclosure Requirements]]
* [[Dissolution of Corporations in Utah | Dissolution of Corporations]]
* [[Divorces in Utah | Divorces]]
* [[Dockominiums in Utah | Dockominiums]]
* [[Document Execution in Utah | Document Execution]]
* [[Document Preparation in Utah | Document Preparation]]
* [[Document Recording in Utah | Document Recording]]
* [[Doing Business Requirements in Utah | Doing Business Requirements]]
* [[Down Money Practices in Utah | Down Money Practices]]
* [[Drug Forfeitures in Utah | Drug Forfeitures]]
* [[Earnest Money Practices in Utah | Earnest Money Practices]]
* [[Easements in Utah | Easements]]
* [[Easements Appurtenant in Utah | Easements Appurtenant]]
* [[Easements by Implication in Utah | Easements by Implication]]
* [[Easements by Necessity in Utah | Easements by Necessity]]
* [[Easements by Prescription in Utah | Easements by Prescription]]
* [[Electronic Communications in Utah | Electronic Communications]]
* [[Eminent Domain in Utah | Eminent Domain]]
* [[Encroachments in Utah | Encroachments]]
* [[Endorsements in Utah | Endorsements]]
* [[Entities in Utah | Entities]]
* [[Environmental Law in Utah | Environmental Law]]
* [[Environmental Liens in Utah | Environmental Liens]]
* [[Equitable Subordination in Utah | Equitable Subordination]]
* [[Equitable Subrogation in Utah | Equitable Subrogation ]]
* [[Escheat in Utah | Escheat]]
* [[Escrow Accounts in Utah | Escrow Accounts]]
* [[Escrow Agent Licensing in Utah | Escrow Agent Licensing]]
* [[Escrow Instructions in Utah | Escrow Instructions]]
* [[Escrow Only in Utah | Escrow Only]]
* [[Escrow Rate Filing in Utah | Escrow Rate Filing]]
* [[Estate Taxes in Utah | Estate Taxes]]
* [[Estates in Utah | Estates]]
* [[Estoppels in Utah | Estoppels]]
* [[Exceptions in Utah | Exceptions]]
* [[Execution in Utah | Execution]]
* [[Execution of Instruments in Utah | Execution of Instruments]]
* [[Extended Coverage in Utah | Extended Coverage]]
| style="vertical-align: top;" |
* [[Federal Tax Liens in Utah | Federal Tax Liens]]
* [[Fee Splitting in Utah | Fee Splitting]]
* [[Fiduciaries in Utah | Fiduciaries]]
* [[File Retention Requirements in Utah | File Retention Requirements]]
* [[Filled-In Lands in Utah | Filled-In Lands]]
* [[Financing Statements in Utah | Financing Statements]]
* [[FIRPTA in Utah | FIRPTA]]
* [[Flood Searches in Utah | Flood Searches]]
* [[Foreclosures in Utah | Foreclosures]]
* [[Foreign Corporations in Utah | Foreign Corporations]]
* [[Forfeitures in Utah | Forfeitures]]
* [[Form Filing in Utah | Form Filing]]
* [[Forms in Utah | Forms]]
* [[Free Trader Agreements in Utah | Free Trader Agreements]]
* [[General Partnerships in Utah | General Partnerships]]
* [[Generic Exceptions in Utah | Generic Exceptions]]
* [[Gift Deeds in Utah | Gift Deeds]]
* [[Good Funds in Utah | Good Funds]]
* [[Government in Utah | Government]]
* [[Ground Rents in Utah | Ground Rents]]
* [[Guardianships in Utah | Guardianships]]
* [[HELOCS in Utah | HELOCS]]
* [[Heirs At Law in Utah | Heirs At Law]]
* [[Heirs Property in Utah | Heirs Property]]
* [[Highways in Utah | Highways]]
* [[Homestead in Utah | Homestead]]
* [[Hold Opens in Utah | Hold Opens]]
* [[Homeowners' Association Liens in Utah | Homeowners' Association Liens]]
* [[Hospital Liens in Utah | Hospital Liens]]
* [[Hospitals in Utah | Hospitals]]
* [[Implied Easements in Utah | Implied Easements]]
* [[Improvements in Utah | Improvements]]
* [[Incapacity in Utah | Incapacity]]
* [[Incompetence in Utah | Incompetence]]
* [[Incompetents in Utah | Incompetents]]
* [[Indemnifications in Utah | Indemnifications]]
* [[Indian Lands in Utah | Indian Lands]]
* [[Indian Titles in Utah | Indian Titles]]
* [[Inheritance in Utah | Inheritance]]
* [[Inheritance Taxes in Utah | Inheritance Taxes]]
* [[Installment Contracts in Utah | Installment Contracts]]
* [[Insured Closing Letters in Utah | Insured Closing Letters]]
* [[Insured Closing Services in Utah | Insured Closing Services]]
* [[Intestacy in Utah | Intestacy]]
* [[Islamic Financing in Utah | Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Utah | Joinder of Non-Titled Spouses]]
* [[Joint Tenancy in Utah | Joint Tenancy]]
* [[Judgments in Utah | Judgments]]
* [[Judicial Foreclosures in Utah | Judicial Foreclosures]]
* [[Judicial Proceedings in Utah | Judicial Proceedings]]
* [[Laches in Utah | Laches]]
* [[Ladybird Deeds in Utah | Ladybird Deeds]]
* [[Land Trusts in Utah | Land Trusts]]
* [[Leasehold Estates in Utah | Leasehold Estates]]
* [[Leasehold Interests in Utah | Leasehold Interests]]
* [[Leases in Utah | Leases]]
* [[Legal Descriptions in Utah | Legal Descriptions]]
* [[Legislation in Utah | Legislation]]
* [[Letters of Indemnification in Utah | Letters of Indemnification]]
* [[Liens in Utah | Liens]]
* [[Life Estates in Utah | Life Estates]]
* [[Limited Liability Companies in Utah | Limited Liability Companies]]
* [[Limited Partnerships in Utah | Limited Partnerships]]
* [[Lis Pendens in Utah | Lis Pendens]]
* [[Littoral Rights in Utah | Littoral Rights]]
* [[Mandatory Disclosures in Utah | Mandatory Disclosures]]
* [[Manufactured Homes in Utah | Manufactured Homes]]
* [[Manufactured Housing in Utah | Manufactured Housing]]
* [[Marital Interests in Utah | Marital Interests]]
* [[Marital Rights in Utah | Marital Rights]]
* [[Marketability of Title in Utah | Marketability of Title]]
* [[Marketable Title Act in Utah | Marketable Title Act]]
* [[Marketable Record Title Acts in Utah | Marketable Record Title Acts]]
* [[Materialmen's Liens in Utah | Materialmen's Liens]]
* [[Mechanic's Liens in Utah | Mechanic's Liens]]
* [[Mineral Estates in Utah | Mineral Estates]]
* [[Mineral Rights in Utah | Mineral Rights]]
* [[Minerals in Utah | Minerals]]
* [[Minimum Search Standards in Utah | Minimum Search Standards]]
* [[Minimum Title Search Requirements in Utah | Minimum Title Search Requirements]]
* [[Minors in Utah | Minors]]
* [[Missing Persons in Utah | Missing Persons]]
* [[Mobile Homes in Utah | Mobile Homes]]
* [[Modular Homes in Utah | Modular Homes]]
* [[Mortgages in Utah | Mortgages]]
* [[Municipal Assessments in Utah | Municipal Assessments]]
* [[Municipal Liens in Utah | Municipal Liens]]
* [[Mutual Indemnification Agreements in Utah | Mutual Indemnification Agreements]]
* [[Name Changes in Utah | Name Changes]]
* [[National Agents in Utah | National Agents]]
* [[New Construction in Utah | New Construction]]
* [[Non-Judicial Foreclosures in Utah | Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Utah | Non-Resident Withholding]]
* [[Notaries in Utah | Notaries]]
* [[Notices of Interest in Utah | Notices of Interest]]
* [[Notices of Settlement in Utah | Notices of Settlement]]
* [[Nursing Homes in Utah | Nursing Homes]]
* [[Options in Utah | Options]]
* [[Options to Purchase in Utah | Options to Purchase]]
* [[Owner's Policy Waivers in Utah | Owner's Policy Waivers]]
* [[Parties in Possession in Utah | Parties in Possession]]
* [[Partition Actions in Utah | Partition Actions]]
* [[Partnerships in Utah | Partnerships]]
* [[Party Walls in Utah | Party Walls]]
* [[Payment Customs in Utah | Payment Customs]]
* [[Prescriptive Easements in Utah | Prescriptive Easements]]
* [[Persons Under Disability in Utah | Persons Under Disability]]
* [[Plain Language in Utah | Plain Language]]
* [[Planned Unit Developments in Utah | Planned Unit Developments]]
* [[Plats in Utah | Plats]]
* [[Powers of Attorney in Utah | Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Utah | Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Utah | Pre-Foreclosure Policies]]
* [[Premium Rate Filing in Utah | Premium Rate Filing]]
* [[Pricing in Utah | Pricing]]
* [[Private Condemnation in Utah | Private Condemnation]]
* [[Private Road Actions in Utah | Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Utah | Pro Forma Title Insurance Policies]]
* [[Probate in Utah | Probate]]
* [[Public Lands in Utah | Public Lands]]
* [[Publicly Owned Lands in Utah | Publicly Owned Lands]]
* [[Public Records in Utah | Public Records]]
* [[Purchase Agreements in Utah | Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Utah | Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Utah | Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Utah | Purchase Money Security Instruments]]
* [[Quiet Title Actions in Utah | Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Utah | Railroad Titles]]
* [[Railroads in Utah | Railroads]]
* [[Rate and Form Filings in Utah | Rate and Form Filings]]
* [[Rate Regulation in Utah | Rate Regulation]]
* [[Religious Congregations in Utah | Religious Congregations]]
* [[Real Estate Broker Liens in Utah | Real Estate Broker Liens]]
* [[Real Estate Transfer Taxes in Utah | Real Estate Transfer Taxes]]
* [[Real Property Taxes in Utah | Real Property Taxes]]
* [[Rebates in Utah | Rebates]]
* [[Receivers in Utah | Receivers]]
* [[Receiverships in Utah | Receiverships]]
* [[Reconveyances in Utah | Reconveyances]]
* [[Record Retention Requirements in Utah | Record Retention Requirements]]
* [[Recording in Utah | Recording]]
* [[Recording Forms in Utah | Recording Forms]]
* [[Recording Jurisdictions in Utah | Recording Jurisdictions]]
* [[Recording Offices in Utah | Recording Offices]]
* [[Recording Requirements in Utah | Recording Requirements]]
* [[Recording Transfer Taxes in Utah | Recording Transfer Taxes]]
* [[Redemption Rights in Utah | Redemption Rights]]
* [[Registered Land in Utah | Registered Land]]
* [[Regulatory Agencies in Utah | Regulatory Agencies]]
* [[Regulatory Authority in Utah | Regulatory Authority]]
* [[Regulatory Filings in Utah | Regulatory Filings]]
* [[Remittances in Utah | Remittances]]
* [[Remote Online Notarization in Utah | Remote Online Notarization]]
* [[Residency Requirements in Utah | Residency Requirements]]
* [[Restrictions in Utah | Restrictions]]
* [[Restrictive Covenants in Utah | Restrictive Covenants]]
* [[Reversionary Clauses in Utah | Reversionary Clauses]]
* [[Rights of First Refusal in Utah | Rights of First Refusal]]
* [[Rights of Way in Utah | Rights of Way]]
* [[Riparian Rights in Utah | Riparian Rights]]
* [[Roads in Utah | Roads]]
* [[RON in Utah | RON]]
* [[Rule Against Perpetuities in Utah | Rule Against Perpetuities]]
* [[Schools in Utah | Schools]]
* [[Scrivener's Affidavits in Utah | Scrivener's Affidavits]]
* [[Security Instruments in Utah | Security Instruments]]
* [[Settlement Statements in Utah | Settlement Statements]]
* [[Severed Improvements in Utah | Severed Improvements]]
* [[Signatures in Utah | Signatures]]
* [[Slayer's Act in Utah | Slayer's Act]]
* [[Sources of Authority in Utah | Sources of Authority]]
* [[Split Closings in Utah | Split Closings]]
* [[Spousal Joinder in Utah | Spousal Joinder]]
* [[Standard Exceptions in Utah | Standard Exceptions ]]
* [[Standard Requirements in Utah | Standard Requirements]]
* [[Standard Title Search Period in Utah | Standard Title Search Period]]
* [[State Tax Liens in Utah | State Tax Liens]]
* [[Streets in Utah | Streets]]
* [[Subdivisions in Utah | Subdivisions]]
* [[Subordination Agreements in Utah | Subordination Agreements]]
* [[Summary in Utah | Summary]]
* [[Superfund Liens in Utah | Superfund Liens]]
* [[Survey Requirements in Utah | Survey Requirements]]
* [[Surveys in Utah | Surveys]]
* [[Survivorship Estates in Utah | Survivorship Estates]]
* [[Synthetic Leases in Utah | Synthetic Leases]]
* [[Tax Certifications in Utah | Tax Certifications]]
* [[Tax Deeds in Utah | Tax Deeds]]
* [[Tax Liens in Utah | Tax Liens]]
* [[Tax Sales in Utah | Tax Sales]]
* [[Tax Titles in Utah | Tax Titles]]
* [[Taxes in Utah | Taxes]]
* [[Tenancies in Utah | Tenancies]]
* [[Tenancy by the Entirety in Utah | Tenancy by the Entirety]]
* [[Tenancy in Common in Utah | Tenancy in Common]]
* [[Tidelands in Utah | Tidelands]]
* [[Timeshare Estates in Utah | Timeshare Estates]]
* [[Timeshares in Utah | Timeshares]]
* [[Timberlands in Utah | Timberlands]]
* [[Title Agent Audits in Utah | Title Agent Audits]]
* [[Title Agent Audit Requirements in Utah | Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Utah | Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Utah | Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Utah | Title Agent Licensing]]
* [[Title Agent Marketing in Utah | Title Agent Marketing]]
* [[Title Agent Naming Requirements in Utah | Title Agent Naming Requirements]]
* [[Title Agent Remittance Requirements in Utah | Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Utah | Title Agent Reporting Requirements]]
* [[Title Agent Requirements in Utah | Title Agent Requirements]]
* [[Title Agent Residency Requirements in Utah | Title Agent Residency Requirements]]
* [[Title Curative in Utah | Title Curative]]
* [[Title Examination in Utah | Title Examination]]
* [[Title Examination Standards in Utah | Title Examination Standards]]
* [[Title Insurance Commitments in Utah | Title Insurance Commitments]]
* [[Title Insurance Endorsements in Utah | Title Insurance Endorsements]]
* [[Title Insurance Policies in Utah | Title Insurance Policies]]
* [[Title Insurance Rates in Utah | Title Insurance Rates]]
* [[Title Insurance Waivers in Utah | Title Insurance Waivers]]
* [[Title Plants in Utah | Title Plants]]
* [[Title Production in Utah | Title Production]]
* [[Title Searching in Utah | Title Searching]]
* [[Title Underwriting in Utah | Title Underwriting]]
* [[Torrens Property in Utah | Torrens Property]]
* [[Transfer on Death Deeds in Utah | Transfer on Death Deeds]]
* [[Transfer Taxes in Utah | Transfer Taxes]]
* [[Trusts in Utah | Trusts]]
* [[Trustee Sale Guarantees in Utah | Trustee Sale Guarantees]]
* [[Trustees in Utah | Trustees]]
* [[UCC Financing Statements in Utah | UCC Financing Statements]]
* [[Unauthorized Practice of Law in Utah | Unauthorized Practice of Law]]
* [[Underwriter Appointment in Utah | Underwriter Appointment]]
* [[Uniform Commercial Code in Utah | Uniform Commercial Code]]
* [[Unincorporated Associations in Utah | Unincorporated Associations]]
* [[Usury in Utah | Usury]]
* [[Vacation Proceedings in Utah | Vacation Proceedings]]
* [[Vendees' Liens in Utah | Vendees' Liens]]
* [[Vendor's Liens in Utah | Vendor's Liens]]
* [[Water in Utah | Water]]
* [[Water Bills in Utah | Water Bills]]
* [[Water Rights in Utah | Water Rights]]
* [[Waterfront Property in Utah | Waterfront Property]]
* [[Wetlands in Utah | Wetlands]]
* [[Wills in Utah | Wills]]
* [[Withholding in Utah | Withholding]]
* [[Witnesses in Utah | Witnesses]]
* [[Zoning in Utah | Zoning]]
* [[Zoning Ordinances in Utah | Zoning Ordinances]]
|}

Washington

2020-12-05T02:18:51Z

Davidjenkins:

[[WA Operations Summary]]

==Alphabetical Index==

{| class="wikitable"
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Washington|Abandonment]]
* [[Abstracters in Washington|Abstracters]]
* [[Abstractors in Washington|Abstractors]]
* [[Access in Washington|Access]]
* [[Acknowledgments in Washington|Acknowledgments]]
* [[Actions in Partition in Washington|Actions in Partition]]
* [[Actions to Quiet Title in Washington|Actions to Quiet Title]]
* [[Ad Valorem Taxes in Washington|Ad Valorem Taxes]]
* [[Adverse Possession in Washington|Adverse Possession]]
* [[Agency in Washington|Agency]]
* [[Agreements for Deed in Washington|Agreements for Deed]]
* [[Agreements of Sale in Washington|Agreements of Sale]]
* [[Air Rights and Air Space in Washington|Air Rights and Air Space]]
* [[Affidavits in Washington|Affidavits]]
* [[Affidavits of Heirship in Washington|Affidavits of Heirship]]
* [[Affidavits of Title in Washington|Affidavits of Title]]
* [[After-Acquired Title in Washington|After-Acquired Title]]
* [[Agricultural Lands in Washington|Agricultural Lands]]
* [[Aliens in Washington|Aliens]]
* [[Alimony in Washington|Alimony]]
* [[Appeals in Washington|Appeals]]
* [[Approved Attorneys in Washington|Approved Attorneys]]
* [[Appurtenant Easements in Washington|Appurtenant Easements]]
* [[Arbitration in Washington|Arbitration]]
* [[Assignments in Washington|Assignments]]
* [[Attachment in Washington|Attachment]]
* [[Attorney Certifications in Washington|Attorney Certifications]]
* [[Attorney Title Certifications in Washington|Attorney Title Certifications]]
* [[Attorney Title Opinions in Washington|Attorney Title Opinions]]
* [[Bankruptcy in Washington|Bankruptcy]]
* [[Beneficiary Deeds in Washington|Beneficiary Deeds]]
* [[Boat Slips in Washington|Boat Slips]]
* [[Boundaries in Washington|Boundaries]]
* [[Bricks and Mortar Requirements in Washington|Bricks and Mortar Requirements]]
* [[Cabin Clubs in Washington|Cabin Clubs]]
* [[Canals in Washington|Canals]]
* [[Cemeteries in Washington|Cemeteries]]
* [[Certifications of Trust in Washington|Certifications of Trust]]
* [[Chains of Title in Washington|Chains of Title]]
* [[Chattels in Washington|Chattels]]
* [[Child Support Liens in Washington|Child Support Liens]]
* [[Church Titles in Washington|Church Titles]]
* [[Civil Money Judgments in Washington|Civil Money Judgments]]
* [[Claims in Washington|Claims]]
* [[Closing and Escrow in Washington|Closing and Escrow]]
* [[Closing Protection Letters in Washington|Closing Protection Letters]]
* [[Commitments in Washington|Commitments]]
* [[Common Law Marriage in Washington|Common Law Marriage]]
* [[Community Associations in Washington|Community Associations]]
* [[Community Property in Washington|Community Property]]
* [[Compliance in Washington|Compliance]]
* [[Condemnations in Washington|Condemnations]]
* [[Condominium Association Liens in Washington|Condominium Association Liens]]
* [[Condominiums in Washington|Condominiums]]
* [[Conservatorships in Washington|Conservatorships]]
* [[Construction Liens in Washington|Construction Liens]]
* [[Contracts for Sale in Washington|Contracts for Sale]]
* [[Contracts for Deed in Washington|Contracts for Deed]]
* [[Cooperatives in Washington|Cooperatives]]
* [[Corporate Dissolution in Washington|Corporate Dissolution]]
* [[Corporations in Washington|Corporations]]
* [[Corrective Affidavits in Washington|Corrective Affidavits]]
* [[Corrective Instruments in Washington|Corrective Instruments]]
* [[Courts in Washington|Courts]]
* [[Covenants in Washington|Covenants]]
* [[Creditor's Rights in Washington|Creditor's Rights]]
* [[Criminal Money Judgments in Washington|Criminal Money Judgments]]
* [[Death Taxes in Washington|Death Taxes]]
* [[Dedications in Washington|Dedications]]
* [[Deeds in Washington|Deeds]]
* [[Deeds of Trust in Washington|Deeds of Trust]]
* [[Descriptions in Washington|Descriptions]]
* [[Disabilities in Washington|Disabilities]]
* [[Disabled Persons in Washington|Disabled Persons]]
* [[Disbursements in Washington|Disbursements]]
* [[Disclosures in Washington|Disclosures]]
* [[Disclosure Requirements in Washington|Disclosure Requirements]]
* [[Dissolution of Corporations in Washington|Dissolution of Corporations]]
* [[Divorces in Washington|Divorces]]
* [[Dockominiums in Washington|Dockominiums]]
* [[Document Execution in Washington|Document Execution]]
* [[Document Preparation in Washington|Document Preparation]]
* [[Document Recording in Washington|Document Recording]]
* [[Doing Business Requirements in Washington|Doing Business Requirements]]
* [[Easements in Washington|Easements]]
* [[Easements Appurtenant in Washington|Easements Appurtenant]]
* [[Easements by Implication in Washington|Easements by Implication]]
* [[Easements by Necessity in Washington|Easements by Necessity]]
* [[Easements by Prescription in Washington|Easements by Prescription]]
* [[Eminent Domain in Washington|Eminent Domain]]
* [[Entities in Washington|Entities]]
* [[Environmental Law in Washington|Environmental Law]]
* [[Environmental Liens in Washington|Environmental Liens]]
* [[Equitable Subordination in Washington|Equitable Subordination]]
* [[Escheat in Washington|Escheat]]
* [[Estate Taxes in Washington|Estate Taxes]]
* [[Estates in Washington|Estates]]
* [[Extended Coverage in Washington|Extended Coverage]]
| style="vertical-align: top;" |
* [[Fiduciaries in Washington|Fiduciaries]]
* [[File Retention Requirements in Washington|File Retention Requirements]]
* [[Financing Statements in Washington|Financing Statements]]
* [[Flood Searches in Washington|Flood Searches]]
* [[Foreclosures in Washington|Foreclosures]]
* [[Forfeitures in Washington|Forfeitures]]
* [[Forms in Washington|Forms]]
* [[General Partnerships in Washington|General Partnerships]]
* [[Good Funds in Washington|Good Funds]]
* [[Government of Washington|Government]]
* [[Ground Rents in Washington|Ground Rents]]
* [[Guardianships in Washington|Guardianships]]
* [[Heirs Property in Washington|Heirs Property]]
* [[Highways in Washington|Highways]]
* [[Homestead in Washington|Homestead]]
* [[Homeowners' Association Liens in Washington|Homeowners' Association Liens]]
* [[Hospital Liens in Washington|Hospital Liens]]
* [[Implied Easements in Washington|Implied Easements]]
* [[Incapacity in Washington|Incapacity]]
* [[Incompetents in Washington|Incompetents]]
* [[Indemnifications in Washington|Indemnifications]]
* [[Indian Titles in Washington|Indian Titles]]
* [[Inheritance Taxes in Washington|Inheritance Taxes]]
* [[Installment Contracts in Washington|Installment Contracts]]
* [[Intestacy in Washington|Intestacy]]
* [[Islamic Financing in Washington|Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Washington|Joinder of Non-Titled Spouses]]
* [[Judicial Foreclosures in Washington|Judicial Foreclosures]]
* [[Judicial Proceedings in Washington|Judicial Proceedings]]
* [[Ladybird Deeds in Washington|Ladybird Deeds]]
* [[Land Trusts in Washington|Land Trusts]]
* [[Leasehold Interests in Washington|Leasehold Interests]]
* [[Leases in Washington|Leases]]
* [[Legal Descriptions in Washington|Legal Descriptions]]
* [[Legislation in Washington|Legislation]]
* [[Letters of Indemnification in Washington|Letters of Indemnification]]
* [[Liens in Washington|Liens]]
* [[Life Estates in Washington|Life Estates]]
* [[Limited Partnerships in Washington|Limited Partnerships]]
* [[Lis Pendens in Washington|Lis Pendens]]
* [[Mandatory Disclosures in Washington|Mandatory Disclosures]]
* [[Manufactured Homes in Washington|Manufactured Homes]]
* [[Marital Interests in Washington|Marital Interests]]
* [[Marital Rights in Washington|Marital Rights]]
* [[Marketability of Title in Washington|Marketability of Title]]
* [[Marketable Record Title Acts in Washington|Marketable Record Title Acts]]
* [[Mechanic's Liens in Washington|Mechanic's Liens]]
* [[Mineral Estates in Washington|Mineral Estates]]
* [[Mineral Rights in Washington|Mineral Rights]]
* [[Minerals in Washington|Minerals]]
* [[Minimum Title Search Requirements in Washington|Minimum Title Search Requirements]]
* [[Minors in Washington|Minors]]
* [[Mobile Homes in Washington|Mobile Homes]]
* [[Modular Homes in Washington|Modular Homes]]
* [[Mortgages in Washington|Mortgages]]
* [[Municipal Assessments in Washington|Municipal Assessments]]
* [[Municipal Liens in Washington|Municipal Liens]]
* [[Mutual Indemnification Agreements in Washington|Mutual Indemnification Agreements]]
* [[Non-Judicial Foreclosures in Washington|Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Washington|Non-Resident Withholding]]
* [[Notaries in Washington|Notaries]]
* [[Notices of Settlement in Washington|Notices of Settlement]]
* [[Options in Washington|Options]]
* [[Parties in Possession in Washington|Parties in Possession]]
* [[Partition Actions in Washington|Partition Actions]]
* [[Partnerships in Washington|Partnerships]]
* [[Party Walls in Washington|Party Walls]]
* [[Prescriptive Easements in Washington|Prescriptive Easements]]
* [[Persons Under Disability in Washington|Persons Under Disability]]
* [[Plain Language in Washington|Plain Language]]
* [[Planned Unit Developments in Washington|Planned Unit Developments]]
* [[Plats in Washington|Plats]]
* [[Powers of Attorney in Washington|Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Washington|Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Washington|Pre-Foreclosure Policies]]
* [[Pricing in Washington|Pricing]]
* [[Private Condemnation in Washington|Private Condemnation]]
* [[Private Road Actions in Washington|Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Washington|Pro Forma Title Insurance Policies]]
* [[Public Lands in Washington|Public Lands]]
* [[Publicly Owned Lands in Washington|Publicly Owned Lands]]
* [[Public Records in Washington|Public Records]]
* [[Published Title Examination Standards in Washington|Published Title Examination Standards]]
* [[Purchase Agreements in Washington|Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Washington|Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Washington|Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Washington|Purchase Money Security Instruments]]
* [[Quiet Title Actions in Washington|Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Washington|Railroad Titles]]
* [[Rate and Form Filings in Washington|Rate and Form Filings]]
* [[Religious Congregations in Washington|Religious Congregations]]
* [[Real Estate Broker Liens in Washington|Real Estate Broker Liens]]
* [[Real Property Taxes in Washington|Real Property Taxes]]
* [[Receiverships in Washington|Receiverships]]
* [[Record Retention Requirements in Washington|Record Retention Requirements]]
* [[Recording in Washington|Recording]]
* [[Recording Forms in Washington|Recording Forms]]
* [[Recording Jurisdictions in Washington|Recording Jurisdictions]]
* [[Recording Offices in Washington|Recording Offices]]
* [[Recording Requirements in Washington|Recording Requirements]]
* [[Recording Transfer Taxes in Washington|Recording Transfer Taxes]]
* [[Redemption Rights in Washington|Redemption Rights]]
* [[Registered Land in Washington|Registered Land]]
* [[Regulatory Filings in Washington|Regulatory Filings]]
* [[Remittances in Washington|Remittances]]
* [[Restrictions in Washington|Restrictions]]
* [[Restrictive Covenants in Washington|Restrictive Covenants]]
* [[Rights of First Refusal in Washington|Rights of First Refusal]]
* [[Riparian Rights in Washington|Riparian Rights]]
* [[Roads in Washington|Roads]]
* [[Rule Against Perpetuities in Washington|Rule Against Perpetuities]]
* [[Schools in Washington|Schools]]
* [[Scrivener's Affidavits in Washington|Scrivener's Affidavits]]
* [[Security Instruments in Washington|Security Instruments]]
* [[Settlement Statements in Washington|Settlement Statements]]
* [[Slayer's Act in Washington|Slayer's Act]]
* [[Sources of Authority in Washington|Sources of Authority]]
* [[Spousal Joinder in Washington|Spousal Joinder]]
* [[Standard Exceptions in Washington|Standard Exceptions ]]
* [[Standard Requirements in Washington|Standard Requirements]]
* [[Standard Title Search Period in Washington|Standard Title Search Period]]
* [[State Tax Liens in Washington|State Tax Liens]]
* [[Streets in Washington|Streets]]
* [[Subdivisions in Washington|Subdivisions]]
* [[Superfund Liens in Washington|Superfund Liens]]
* [[Survey Requirements in Washington|Survey Requirements]]
* [[Surveys in Washington|Surveys]]
* [[Survivorship Estates in Washington|Survivorship Estates]]
* [[Tax Certifications in Washington|Tax Certifications]]
* [[Tax Deeds in Washington|Tax Deeds]]
* [[Tax Liens in Washington|Tax Liens]]
* [[Tax Sales in Washington|Tax Sales]]
* [[Tenancies in Washington|Tenancies]]
* [[Tidelands in Washington|Tidelands]]
* [[Timeshares in Washington|Timeshares]]
* [[Timberlands in Washington|Timberlands]]
* [[Title Agent Audits in Washington|Title Agent Audits]]
* [[Title Agent Audit Requirements in Washington|Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Washington|Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Washington|Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Washington|Title Agent Licensing]]
* [[Title Agent Marketing in Washington|Title Agent Marketing]]
* [[Title Agent Remittance Requirements in Washington|Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Washington|Title Agent Reporting Requirements]]
* [[Title Agent Residency Requirements in Washington|Title Agent Residency Requirements]]
* [[Title Curative in Washington|Title Curative]]
* [[Title Examinations in Washington|Title Examinations]]
* [[Title Insurance Commitments in Washington|Title Insurance Commitments]]
* [[Title Insurance Endorsements in Washington|Title Insurance Endorsements]]
* [[Title Insurance Policies in Washington|Title Insurance Policies]]
* [[Title Insurance Rates in Washington|Title Insurance Rates]]
* [[Title Insurance Waivers in Washington|Title Insurance Waivers]]
* [[Title Plants in Washington|Title Plants]]
* [[Title Production in Washington|Title Production]]
* [[Title Searching in Washington|Title Searching]]
* [[Title Underwriting in Washington|Title Underwriting]]
* [[Torrens Property in Washington|Torrens Property]]
* [[Transfer on Death Deeds in Washington|Transfer on Death Deeds]]
* [[Transfer Taxes in Washington|Transfer Taxes]]
* [[Trusts in Washington|Trusts]]
* [[Trustee Sale Guarantees in Washington|Trustee Sale Guarantees]]
* [[Trustees in Washington|Trustees]]
* [[Unauthorized Practice of Law in Washington|Unauthorized Practice of Law]]
* [[Uniform Commercial Code in Washington|Uniform Commercial Code]]
* [[Unincorporated Associations in Washington|Unincorporated Associations]]
* [[Usury in Washington|Usury]]
* [[Vacation Proceedings in Washington|Vacation Proceedings]]
* [[Vendees' Liens in Washington|Vendees' Liens]]
* [[Vendors' Liens in Washington|Vendors' Liens]]
* [[Water and Water Rights in Washington|Water and Water Rights]]
* [[Wills in Washington|Wills]]
* [[Withholding in Washington|Withholding]]
* [[Witnesses in Washington|Witnesses]]
* [[Zoning in Washington|Zoning]]
* [[Zoning Ordinances in Washington|Zoning Ordinances]]
|}

Powers of Attorney in Missouri

2020-11-19T19:42:05Z

Davidjenkins: /* Self-Dealing */

==Overview==
===Sources===

* MO Rev Stat § 404.700
* MO Rev Stat § 442.360

===Compliance===

* Can agents prepare?

===Forms===

* Statutory Durable POA
* Common Law Form (property specific)

===Searching===

* POAs are recorded in the Public Land Records Office in each county.

===Examination===

* In Missouri, Powers of Attorney that are used in connection with real property transactions must be recorded. [https://law.justia.com/codes/missouri/2015/title-xxix/chapter-442/section-442.360 MO Rev Stat § 442.360]. Any failure to record a Power of Attorney that is used in connection with a real estate transaction should be raised as a possible missing interest due to lack of capacity.

===Curative===

* Any curative statutes or MIA provisions?
* Any rule for removing missing interests due to a lack of recording POA after X years?

===Underwriting===

A Power of Attorney can be approved to use in a transaction for title insurance purposes as long as it conforms to the following:
* Must be in recordable form. (properly executed, witnessed, and acknowledged)
* Must enumerate power to engage in the proposed transaction. (explicitly stated or incorporated by reference to statute)
* Must be durable. (for durable POAs only must state that it can be used in case of incapacity of Principal)
* Cannot be more than three (3) months old. (for transaction specific POAs only)
* Principal must be unavailable. (sick, infirm, travelling, incapacitated)
* Use of POA for transaction must be independently verified with Principal to the extent possible. Third party representation by doctor's note required in the case of incapacitated individuals.

====Requirement Language====

* In the event any party to the transaction contemplates the use of a Power of Attorney, the Company requires submission of the Power of Attorney no less than three (3) days prior to closing for approval. (WFG Version)
* If any party to the settlement intends to use a Power of Attorney at settlement, a copy of such Power of Attorney must be submitted for review in advance of settlement. Failure to comply with this requirement may result in the postponement of the settlement. Acceptability of the Power of Attorney for purposes of completion of settlement is within the discretion of the insurer. (other)

===Production===
===Closing & Escrow===
===Recording===
* Durable POAs must be recorded.
* Property specific POAs must be recorded and include the legal description.
===Pricing===
* Can agents charge for preparing or recording POAs?
==Types==

==Witnesses==

==Content==

==Self-Dealing==

Missouri law prohibits a POA from being used for self-dealing unless expressly authorized by the POA.

==Foreign==

==Cross-References==
* [[Missouri]]
* [[Powers of Attorney]]

Missouri has a durable power of attorney law. ([https://law.justia.com/codes/missouri/2011/titlexxvi/chapter404/section404700/ Section 404.700 Missouri Revised Statutes]) It provides that the authority of the attorney-in-fact does not terminate in the event that the principal becomes disabled or incapacitated. If the power of attorney is to be used for the conveyance of real estate, it must be recorded in the county in which the real estate is located, and a legal description needs to be attached to the power of attorney.

Attorney-in-fact

An "attorney-in-fact" is defined by statute as being an individual or corporation appointed to act as agent of a principal in a written power of attorney. (Section 404.7030 Missouri Revised Statutes)

Durable powers

Missouri has a statute based upon the Uniform Durable Power of Attorney Act. (Section 404.700 Missouri Revised Statutes)

Recording

A power of attorney, which is used to convey real estate, must be recorded in the county in which the real estate is located. A legal description of the real estate to be conveyed must be attached to the power of attorney. There is no requirement for recording an affidavit along with any instrument recorded. There is no case law to establish the proposition that recording an affidavit that the attorney-in-fact is not aware of any revocation of the power or the death of the principal establishes a presumption that the exercise of the power was valid.

'''MO Rev Stat § 442.360.'''

'''Powers of attorney, how acknowledged and proved.'''

442.360. Every letter of attorney or other instrument containing a power to convey real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any instrument in writing conveying real estate, or whereby real estate may be affected in law or equity, shall be acknowledged or proved, and certified and recorded, as other instruments in writing conveying or affecting real estate are required to be acknowledged or proved and certified and recorded.

Attorney Title Certifications in Missouri

2020-11-18T15:26:09Z

Davidjenkins: /* Cross-References */

==Overview==

Attorney Title Certifications are '''not required''' and not commonly used in Missouri.

==Cross-References==
* [[Missouri]]
** [[Attorneys in Missouri]]
* [[Attorney Title Certifications]]

Capital and Surplus Requirements in Missouri

2020-11-18T15:25:26Z

Davidjenkins:

Missouri law does not impose capital or surplus requirements on title insurance agents. (ALTA TIRS, 2020)

Capital and Surplus requirements in Missouri are solely imposed on title insurers and not agents.

[[Missouri]]

Capital and Surplus Requirements in Missouri

2020-11-18T15:24:53Z

Davidjenkins: Created page with "Missouri law does not impose capital or surplus requirements on title insurance agents. (ALTA TIRS, 2020) Capital and Surplus requirements in Missouri are solely imposed on t..."

Missouri

2020-11-18T15:23:44Z

Davidjenkins:

[[MO Operations Summary]]

[[MO Underwriting Summary]]

[[MO Underwriting References]]

==Alphabetical Index==

{| class="wikitable"
|-
| style="background-color:#87CEEB; text-align:center;" |A-E
| style="background-color:#87CEEB; text-align:center;" |F-Q
| style="background-color:#87CEEB; text-align:center;" |R-Z
|-
| style="vertical-align: top;" |
* [[Abandonment in Missouri|Abandonment]]
* [[Abstracters in Missouri|Abstracters]]
* [[Abstractors in Missouri|Abstractors]]
* [[Access in Missouri|Access]]
* [[Acknowledgments in Missouri|Acknowledgments]]
* [[Actions in Partition in Missouri|Actions in Partition]]
* [[Actions to Quiet Title in Missouri|Actions to Quiet Title]]
* [[Ad Valorem Taxes in Missouri|Ad Valorem Taxes]]
* [[Adverse Possession in Missouri|Adverse Possession]]
* [[Affidavits in Missouri|Affidavits]]
* [[Affidavits of Heirship in Missouri|Affidavits of Heirship]]
* [[Affidavits of Title in Missouri|Affidavits of Title]]
* [[After-Acquired Title in Missouri|After-Acquired Title]]
* [[Agency in Missouri|Agency]]
* [[Agreements for Deed in Missouri|Agreements for Deed]]
* [[Agreements of Sale in Missouri|Agreements of Sale]]
* [[Agricultural Lands in Missouri|Agricultural Lands]]
* [[Air Rights and Air Space in Missouri|Air Rights and Air Space]]
* [[Aliens in Missouri|Aliens]]
* [[Alimony in Missouri|Alimony]]
* [[Appeals in Missouri|Appeals]]
* [[Apostilles in Missouri|Apostilles]]
* [[Approved Attorneys in Missouri|Approved Attorneys]]
* [[Appurtenant Easements in Missouri|Appurtenant Easements]]
* [[Arbitration in Missouri|Arbitration]]
* [[Assignments in Missouri|Assignments]]
* [[Attachment in Missouri|Attachment]]
* [[Attorney Certifications in Missouri|Attorney Certifications]]
* [[Attorney Title Certifications in Missouri|Attorney Title Certifications]]
* [[Attorney Title Opinions in Missouri|Attorney Title Opinions]]
* [[Bankruptcy in Missouri|Bankruptcy]]
* [[Beneficiary Deeds in Missouri|Beneficiary Deeds]]
* [[Boat Slips in Missouri|Boat Slips]]
* [[Boundaries in Missouri|Boundaries]]
* [[Bricks and Mortar Requirements in Missouri|Bricks and Mortar Requirements]]
* [[Cabin Clubs in Missouri|Cabin Clubs]]
* [[Canals in Missouri|Canals]]
* [[Capital and Surplus Requirements in Missouri|Capital and Surplus Requirements]]
* [[Cemeteries in Missouri|Cemeteries]]
* [[Certifications of Trust in Missouri|Certifications of Trust]]
* [[Chains of Title in Missouri|Chains of Title]]
* [[Chattels in Missouri|Chattels]]
* [[Child Support Liens in Missouri|Child Support Liens]]
* [[Church Titles in Missouri|Church Titles]]
* [[Civil Money Judgments in Missouri|Civil Money Judgments]]
* [[Claims in Missouri|Claims]]
* [[Closing and Escrow in Missouri|Closing and Escrow]]
* [[Closing Protection Letters in Missouri|Closing Protection Letters]]
* [[Commitments in Missouri|Commitments]]
* [[Common Law Marriage in Missouri|Common Law Marriage]]
* [[Community Associations in Missouri|Community Associations]]
* [[Community Property in Missouri|Community Property]]
* [[Compliance in Missouri|Compliance]]
* [[Condemnations in Missouri|Condemnations]]
* [[Condominium Association Liens in Missouri|Condominium Association Liens]]
* [[Condominiums in Missouri|Condominiums]]
* [[Conservatorships in Missouri|Conservatorships]]
* [[Construction Liens in Missouri|Construction Liens]]
* [[Contracts for Sale in Missouri|Contracts for Sale]]
* [[Contracts for Deed in Missouri|Contracts for Deed]]
* [[Cooperatives in Missouri|Cooperatives]]
* [[Corporate Dissolution in Missouri|Corporate Dissolution]]
* [[Corporations in Missouri|Corporations]]
* [[Corrective Affidavits in Missouri|Corrective Affidavits]]
* [[Corrective Instruments in Missouri|Corrective Instruments]]
* [[Counties in Missouri|Counties]]
* [[Courts in Missouri|Courts]]
* [[Covenants in Missouri|Covenants]]
* [[Creditor's Rights in Missouri|Creditor's Rights]]
* [[Criminal Money Judgments in Missouri|Criminal Money Judgments]]
* [[Death Taxes in Missouri|Death Taxes]]
* [[Dedications in Missouri|Dedications]]
* [[Deeds in Missouri|Deeds]]
* [[Deeds of Trust in Missouri|Deeds of Trust]]
* [[Derivation Clauses in Missouri|Derivation Clauses]]
* [[Descriptions in Missouri|Descriptions]]
* [[Disabilities in Missouri|Disabilities]]
* [[Disabled Persons in Missouri|Disabled Persons]]
* [[Disbursements in Missouri|Disbursements]]
* [[Disclosures in Missouri|Disclosures]]
* [[Disclosure Requirements in Missouri|Disclosure Requirements]]
* [[Dissolution of Corporations in Missouri|Dissolution of Corporations]]
* [[Divorces in Missouri|Divorces]]
* [[Dockominiums in Missouri|Dockominiums]]
* [[Document Execution in Missouri|Document Execution]]
* [[Document Preparation in Missouri|Document Preparation]]
* [[Document Recording in Missouri|Document Recording]]
* [[Doing Business Requirements in Missouri|Doing Business Requirements]]
* [[Easements in Missouri|Easements]]
* [[Easements Appurtenant in Missouri|Easements Appurtenant]]
* [[Easements by Implication in Missouri|Easements by Implication]]
* [[Easements by Necessity in Missouri|Easements by Necessity]]
* [[Easements by Prescription in Missouri|Easements by Prescription]]
* [[Eminent Domain in Missouri|Eminent Domain]]
* [[Endorsements in Missouri|Endorsements]]
* [[Entities in Missouri|Entities]]
* [[Environmental Law in Missouri|Environmental Law]]
* [[Environmental Liens in Missouri|Environmental Liens]]
* [[Equitable Subordination in Missouri|Equitable Subordination]]
* [[Equitable Subrogation in Missouri|Equitable Subrogation ]]
* [[Escheat in Missouri|Escheat]]
* [[Estate Taxes in Missouri|Estate Taxes]]
* [[Estates in Missouri|Estates]]
* [[Exceptions in Missouri|Exceptions]]
* [[Execution in Missouri|Execution]]
* [[Extended Coverage in Missouri|Extended Coverage]]
| style="vertical-align: top;" |
* [[Fiduciaries in Missouri|Fiduciaries]]
* [[File Retention Requirements in Missouri|File Retention Requirements]]
* [[Financing Statements in Missouri|Financing Statements]]
* [[Flood Searches in Missouri|Flood Searches]]
* [[Foreclosures in Missouri|Foreclosures]]
* [[Forfeitures in Missouri|Forfeitures]]
* [[Forms in Missouri|Forms]]
* [[General Partnerships in Missouri|General Partnerships]]
* [[Generic Exceptions in Missouri|Generic Exceptions]]
* [[Good Funds in Missouri|Good Funds]]
* [[Government of Missouri|Government]]
* [[Ground Rents in Missouri|Ground Rents]]
* [[Guardianships in Missouri|Guardianships]]
* [[HELOCS in Missouri|HELOCS]]
* [[Heirs Property in Missouri|Heirs Property]]
* [[Highways in Missouri|Highways]]
* [[Homestead in Missouri|Homestead]]
* [[Homeowners' Association Liens in Missouri|Homeowners' Association Liens]]
* [[Hospital Liens in Missouri|Hospital Liens]]
* [[Implied Easements in Missouri|Implied Easements]]
* [[Incapacity in Missouri|Incapacity]]
* [[Incompetents in Missouri|Incompetents]]
* [[Indemnifications in Missouri|Indemnifications]]
* [[Indian Titles in Missouri|Indian Titles]]
* [[Inheritance Taxes in Missouri|Inheritance Taxes]]
* [[Installment Contracts in Missouri|Installment Contracts]]
* [[Insured Closing Letters in Missouri|Insured Closing Letters]]
* [[Intestacy in Missouri|Intestacy]]
* [[Islamic Financing in Missouri|Islamic Financing]]
* [[Joinder of Non-Titled Spouses in Missouri|Joinder of Non-Titled Spouses]]
* [[Judicial Foreclosures in Missouri|Judicial Foreclosures]]
* [[Judicial Proceedings in Missouri|Judicial Proceedings]]
* [[Ladybird Deeds in Missouri|Ladybird Deeds]]
* [[Land Trusts in Missouri|Land Trusts]]
* [[Leasehold Interests in Missouri|Leasehold Interests]]
* [[Leases in Missouri|Leases]]
* [[Legal Descriptions in Missouri|Legal Descriptions]]
* [[Legislation in Missouri|Legislation]]
* [[Letters of Indemnification in Missouri|Letters of Indemnification]]
* [[Liens in Missouri|Liens]]
* [[Life Estates in Missouri|Life Estates]]
* [[Limited Partnerships in Missouri|Limited Partnerships]]
* [[Lis Pendens in Missouri|Lis Pendens]]
* [[Mandatory Disclosures in Missouri|Mandatory Disclosures]]
* [[Manufactured Homes in Missouri|Manufactured Homes]]
* [[Marital Interests in Missouri|Marital Interests]]
* [[Marital Rights in Missouri|Marital Rights]]
* [[Marketability of Title in Missouri|Marketability of Title]]
* [[Marketable Title Act in Missouri|Marketable Title Act]]
* [[Marketable Record Title Acts in Missouri|Marketable Record Title Acts]]
* [[Mechanic's Liens in Missouri|Mechanic's Liens]]
* [[Mineral Estates in Missouri|Mineral Estates]]
* [[Mineral Rights in Missouri|Mineral Rights]]
* [[Minerals in Missouri|Minerals]]
* [[Minimum Title Search Requirements in Missouri|Minimum Title Search Requirements]]
* [[Minors in Missouri|Minors]]
* [[Mobile Homes in Missouri|Mobile Homes]]
* [[Modular Homes in Missouri|Modular Homes]]
* [[Mortgages in Missouri|Mortgages]]
* [[Municipal Assessments in Missouri|Municipal Assessments]]
* [[Municipal Liens in Missouri|Municipal Liens]]
* [[Mutual Indemnification Agreements in Missouri|Mutual Indemnification Agreements]]
* [[New Construction in Missouri|New Construction]]
* [[Non-Judicial Foreclosures in Missouri|Non-Judicial Foreclosures]]
* [[Non-Resident Withholding in Missouri|Non-Resident Withholding]]
* [[Notaries in Missouri|Notaries]]
* [[Notices of Settlement in Missouri|Notices of Settlement]]
* [[Options in Missouri|Options]]
* [[Parties in Possession in Missouri|Parties in Possession]]
* [[Partition Actions in Missouri|Partition Actions]]
* [[Partnerships in Missouri|Partnerships]]
* [[Party Walls in Missouri|Party Walls]]
* [[Prescriptive Easements in Missouri|Prescriptive Easements]]
* [[Persons Under Disability in Missouri|Persons Under Disability]]
* [[Plain Language in Missouri|Plain Language]]
* [[Planned Unit Developments in Missouri|Planned Unit Developments]]
* [[Plats in Missouri|Plats]]
* [[Powers of Attorney in Missouri|Powers of Attorney]]
* [[Pre-Foreclosure Commitments in Missouri|Pre-Foreclosure Commitments]]
* [[Pre-Foreclosure Policies in Missouri|Pre-Foreclosure Policies]]
* [[Pricing in Missouri|Pricing]]
* [[Private Condemnation in Missouri|Private Condemnation]]
* [[Private Road Actions in Missouri|Private Road Actions]]
* [[Pro Forma Title Insurance Policies in Missouri|Pro Forma Title Insurance Policies]]
* [[Public Lands in Missouri|Public Lands]]
* [[Publicly Owned Lands in Missouri|Publicly Owned Lands]]
* [[Public Records in Missouri|Public Records]]
* [[Purchase Agreements in Missouri|Purchase Agreements]]
* [[Purchase Money Deeds of Trust in Missouri|Purchase Money Deeds of Trust]]
* [[Purchase Money Mortgages in Missouri|Purchase Money Mortgages]]
* [[Purchase Money Security Instruments in Missouri|Purchase Money Security Instruments]]
* [[Quiet Title Actions in Missouri|Quiet Title Actions]]
| style="vertical-align: top;" |
* [[Railroad Titles in Missouri|Railroad Titles]]
* [[Rate and Form Filings in Missouri|Rate and Form Filings]]
* [[Religious Congregations in Missouri|Religious Congregations]]
* [[Real Estate Broker Liens in Missouri|Real Estate Broker Liens]]
* [[Real Property Taxes in Missouri|Real Property Taxes]]
* [[Receiverships in Missouri|Receiverships]]
* [[Record Retention Requirements in Missouri|Record Retention Requirements]]
* [[Recording in Missouri|Recording]]
* [[Recording Forms in Missouri|Recording Forms]]
* [[Recording Jurisdictions in Missouri|Recording Jurisdictions]]
* [[Recording Offices in Missouri|Recording Offices]]
* [[Recording Requirements in Missouri|Recording Requirements]]
* [[Recording Transfer Taxes in Missouri|Recording Transfer Taxes]]
* [[Redemption Rights in Missouri|Redemption Rights]]
* [[Registered Land in Missouri|Registered Land]]
* [[Regulatory Filings in Missouri|Regulatory Filings]]
* [[Remittances in Missouri|Remittances]]
* [[Restrictions in Missouri|Restrictions]]
* [[Restrictive Covenants in Missouri|Restrictive Covenants]]
* [[Rights of First Refusal in Missouri|Rights of First Refusal]]
* [[Riparian Rights in Missouri|Riparian Rights]]
* [[Roads in Missouri|Roads]]
* [[Rule Against Perpetuities in Missouri|Rule Against Perpetuities]]
* [[Schools in Missouri|Schools]]
* [[Scrivener's Affidavits in Missouri|Scrivener's Affidavits]]
* [[Security Instruments in Missouri|Security Instruments]]
* [[Settlement Statements in Missouri|Settlement Statements]]
* [[Signatures in Missouri|Signatures]]
* [[Slayer's Act in Missouri|Slayer's Act]]
* [[Sources of Authority in Missouri|Sources of Authority]]
* [[Spousal Joinder in Missouri|Spousal Joinder]]
* [[Standard Exceptions in Missouri|Standard Exceptions ]]
* [[Standard Requirements in Missouri|Standard Requirements]]
* [[Standard Title Search Period in Missouri|Standard Title Search Period]]
* [[State Tax Liens in Missouri|State Tax Liens]]
* [[Streets in Missouri|Streets]]
* [[Subdivisions in Missouri|Subdivisions]]
* [[Superfund Liens in Missouri|Superfund Liens]]
* [[Survey Requirements in Missouri|Survey Requirements]]
* [[Surveys in Missouri|Surveys]]
* [[Survivorship Estates in Missouri|Survivorship Estates]]
* [[Tax Certifications in Missouri|Tax Certifications]]
* [[Tax Deeds in Missouri|Tax Deeds]]
* [[Tax Liens in Missouri|Tax Liens]]
* [[Tax Sales in Missouri|Tax Sales]]
* [[Tenancies in Missouri|Tenancies]]
* [[Tidelands in Missouri|Tidelands]]
* [[Timeshares in Missouri|Timeshares]]
* [[Timberlands in Missouri|Timberlands]]
* [[Title Agent Audits in Missouri|Title Agent Audits]]
* [[Title Agent Audit Requirements in Missouri|Title Agent Audit Requirements]]
* [[Title Agent Banking Requirements in Missouri|Title Agent Banking Requirements]]
* [[Title Agent Insurance Requirements in Missouri|Title Agent Insurance Requirements]]
* [[Title Agent Licensing in Missouri|Title Agent Licensing]]
* [[Title Agent Marketing in Missouri|Title Agent Marketing]]
* [[Title Agent Remittance Requirements in Missouri|Title Agent Remittance Requirements]]
* [[Title Agent Reporting Requirements in Missouri|Title Agent Reporting Requirements]]
* [[Title Agent Residency Requirements in Missouri|Title Agent Residency Requirements]]
* [[Title Curative in Missouri|Title Curative]]
* [[Title Examinations in Missouri|Title Examinations]]
* [[Title Examinations Standards in Missouri|Title Examinations Standards]]
* [[Title Insurance Commitments in Missouri|Title Insurance Commitments]]
* [[Title Insurance Endorsements in Missouri|Title Insurance Endorsements]]
* [[Title Insurance Policies in Missouri|Title Insurance Policies]]
* [[Title Insurance Rates in Missouri|Title Insurance Rates]]
* [[Title Insurance Waivers in Missouri|Title Insurance Waivers]]
* [[Title Plants in Missouri|Title Plants]]
* [[Title Production in Missouri|Title Production]]
* [[Title Searching in Missouri|Title Searching]]
* [[Title Underwriting in Missouri|Title Underwriting]]
* [[Torrens Property in Missouri|Torrens Property]]
* [[Transfer on Death Deeds in Missouri|Transfer on Death Deeds]]
* [[Transfer Taxes in Missouri|Transfer Taxes]]
* [[Trusts in Missouri|Trusts]]
* [[Trustee Sale Guarantees in Missouri|Trustee Sale Guarantees]]
* [[Trustees in Missouri|Trustees]]
* [[Unauthorized Practice of Law in Missouri|Unauthorized Practice of Law]]
* [[Uniform Commercial Code in Missouri|Uniform Commercial Code]]
* [[Unincorporated Associations in Missouri|Unincorporated Associations]]
* [[Usury in Missouri|Usury]]
* [[Vacation Proceedings in Missouri|Vacation Proceedings]]
* [[Vendees' Liens in Missouri|Vendees' Liens]]
* [[Vendors' Liens in Missouri|Vendors' Liens]]
* [[Water and Water Rights in Missouri|Water and Water Rights]]
* [[Wills in Missouri|Wills]]
* [[Withholding in Missouri|Withholding]]
* [[Witnesses in Missouri|Witnesses]]
* [[Zoning in Missouri|Zoning]]
* [[Zoning Ordinances in Missouri|Zoning Ordinances]]
|}

Title Searching in Missouri

2020-11-17T15:07:55Z

Davidjenkins: /* Cross-References */

==Overview==
Missouri is considered a '''Title Plant State''' because of a state law requiring the use of '''Registered Title Plants''' to obtain title searches prior to issuing any title insurance policy. There is are '''two exceptions''' to the required use of Registered Title Plants that allow a title insurance agent to obtain title searches directly from a courthouse searcher. The first exception is if there is no Registered Title Plant for the county where the property being insured is located. The second exception is if the agent cannot obtain a title search from a Registered Title Plant at a reasonable cost and within a reasonable time. If either exception is used, this must be documented in the file. Although the second exception sounds somewhat subjective, the Missouri DOI will use its own standards in determining whether or not the exception should have applied in the event a file is audited. When title evidence is obtained from a Registered Title Plant, the minimum search period is '''45 years''', which is set by state regulations. When title evidence is obtained from outside of the Title Plant system, the 45-year minimum period does not appear to apply.

==Sources==

* [https://www.sos.mo.gov/cmsimages/adrules/csr/current/20csr/20c500-7.pdf]
* [https://insurance.mo.gov/laws/bulletin/08-06.php Bulletin 08-06: Title Plant Requirements] (Now Rescinded)

==Minimum Title Search Requirements==

Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. [https://law.justia.com/codes/missouri/2011/titlexxiv/chapter381/section381071/ MO Rev Stat § 381.071]. Based on the statute, any Registered Title Plant must have its records geographically indexed back for at least the most recent 45 years. If a search is obtained outside of the Registered Title Plant through a search of the courthouse records, there are no requirements regarding the depth of the search.

===SVU===
Search must be made at a Registered Title Plant (a set of geographically indexed records registered with the DIFP) unless a search from the plant cannot be obtained at a reasonable cost in a reasonable time. The Plant must contain records which encompass at least the most recent forty-five years. RSMO 381.031.22. (A) The minimum required by state law is a search from a 45-year plant; (B) no marketable record title act; marketable title determined by case law and Title Standard; (C) Title Examination Standard of The Missouri Bar is 45 years but the base title required will generally exceed 45 years.

==Other==

There is no problem with procuring O&E reports for an agent that is not licensed in MO. The issue is what they intend to do with the O&E. They cannot examine them themselves and they cannot use them as the basis for any title insurance. If they are simply order managing them, then that would be fine. Please find out from them what the purpose is and if anything involves them issuing a title insurance product or any type of examination, then we won’t be able to help them.

* Additional Requirements for REO Searches -- No
* Special Searches Required (Code, HOA, Utilities)? -- St. Louis taxes/special benefit districts
* Plant or other search restrictions -- Plants required unless written evidence that plant provider cannot meet reasonable turn times

==Attorneys==

Attorneys are exempt from geographical and minimum time period restrictions. They may rely upon a personal inspection of the records in the courthouse and use the best title evidence available in any county where the search. Mo. Ann. Stat. § 381.071.1(1).

==Cross-References==

* [[Missouri]]
** [[Title Plants in Missouri]]
** [[Marketable Record Title Acts in Missouri]]

Estates in Missouri

2020-11-08T19:32:25Z

Davidjenkins: /* Cross-References */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

Secondary Source: [https://www.16thcircuit.org/probate-procedures-manual Jackson County Probate Procedure Manual]

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six (6) months from the date of the first publication of notice granting letters testamentary or of administration or within thirty (30) days from the commencement of an action to contest the validity of a Will, whichever is later. No Will can be admitted to probate and no administration granted unless application is made to the court within one (1) year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

Recording a Will is not commonly used in Missouri to update the vesting in title except when done in conjunction with an Affidavit of Heirs. See above.

==Cross-References==
* [[Missouri]]
** [[Liens in Missouri]]
** [[Tenancies in Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T19:31:17Z

Davidjenkins: /* Sources */

Estates in Missouri

2020-11-08T19:31:05Z

Davidjenkins: /* Sources */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

Secondary Source: [https://www.16thcircuit.org/probate-procedures-manual | Jackson County Probate Procedure Manual]

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six (6) months from the date of the first publication of notice granting letters testamentary or of administration or within thirty (30) days from the commencement of an action to contest the validity of a Will, whichever is later. No Will can be admitted to probate and no administration granted unless application is made to the court within one (1) year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

Recording a Will is not commonly used in Missouri to update the vesting in title except when done in conjunction with an Affidavit of Heirs. See above.

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T19:30:48Z

Davidjenkins: /* Sources */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

Secondary Source: [Jackson County Probate Procedure Manual|https://www.16thcircuit.org/probate-procedures-manual]

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six (6) months from the date of the first publication of notice granting letters testamentary or of administration or within thirty (30) days from the commencement of an action to contest the validity of a Will, whichever is later. No Will can be admitted to probate and no administration granted unless application is made to the court within one (1) year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

Recording a Will is not commonly used in Missouri to update the vesting in title except when done in conjunction with an Affidavit of Heirs. See above.

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T19:29:51Z

Davidjenkins: /* Probate */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six (6) months from the date of the first publication of notice granting letters testamentary or of administration or within thirty (30) days from the commencement of an action to contest the validity of a Will, whichever is later. No Will can be admitted to probate and no administration granted unless application is made to the court within one (1) year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

Recording a Will is not commonly used in Missouri to update the vesting in title except when done in conjunction with an Affidavit of Heirs. See above.

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T19:28:42Z

Davidjenkins: /* Wills */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

Recording a Will is not commonly used in Missouri to update the vesting in title except when done in conjunction with an Affidavit of Heirs. See above.

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T19:24:54Z

Davidjenkins: /* Personal Representatives */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate. Administrators are either independent, which is typically specified in the Will, or supervised by the Court when there is no Will or the Will does not authorize the Administrator to act independently. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T19:22:35Z

Davidjenkins: /* Standard Requirements */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.
* Certified copy of a decree of distribution.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate or whether the estate is to be administered independently or supervised by the court. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T18:35:43Z

Davidjenkins: /* Conveyances */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

If there is no Will, then the beneficiaries of the Estate automatically take title to the property. Any conveyance out of the Estate must be executed by all of the individual beneficiaries of the Estate.

If there is a Will, then any conveyance out of the Estate must be made by the Administrator on behalf of the Estate. This includes situations where there is a specific devise of property in the Will. They conveyance must still come from the Administrator of the Estate to the specific devisee. An Independent Administrator can convey on behalf of the Estate without Court approval, while a Supervised Administrator requires Court approval.

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate or whether the estate is to be administered independently or supervised by the court. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T18:23:50Z

Davidjenkins: /* Personal Representatives */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

The personal representative of an estate in Missouri is called an '''Administrator'''. This is irrespective of whether the decedent died testate or intestate or whether the estate is to be administered independently or supervised by the court. In some cases, there may also be an '''Administrator ad litem''' or an '''Administrator pendente lite''' appointed by the court when some type of emergency action is needed such as preserving assets of the estate.

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T17:51:59Z

Davidjenkins: /* Examination */

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

====Standard Requirements====

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.

====Standard Exceptions====

Matters involving Estates in Missouri are generally not excepted from coverage. Usually, any outstanding issues must be resolved prior to closing.

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

==Cross-References==
* [[Missouri]]
* [[Estates]]

Estates in Missouri

2020-11-08T17:48:13Z

Davidjenkins:

==Overview==

The rules governing decedent's estates in Missouri are similar to those of most other states. Title is considered to pass immediately upon the death of a decedent when there is no Will. The intestacy rules are similar to those of most other states. There is an estate tax, but no inheritance tax. One unusual aspect of the law is that a Will cannot be submitted for probate if more than a year has passed since the death of the decedent. In addition, unsecured creditors have only 6 months from the date of publication of letters to file claims against the estate and only one year from the date of the death of the decedent if no letters are ever issued.

===Sources===

===Compliance===

===Forms===

===Searching===

* Filings related to estates are found in the county Probate Court.

===Examination===

Raise the following requirements on the Commitment depending on what is found in the Examination:
* Proof of Death of X.
* Proof that all state and federal death taxes have been paid in Estate of X.
* Proof that all creditors have been paid in the Estate of X.
* Copy of Will filed for probate for the Estate of X to be produced and examined; possible additional requirements to be added.
* Proof that letters have been issued to a personal representative in the Estate of X and that such letters have not been revoked.

====Standard Requirements====

====Standard Exceptions====

===Curative===

===Underwriting===

The best way to deal with most requirements in an estate regarding any outstanding taxes and debts is to get a letter from any attorney representing the estate that states that the estate is solvent and that all creditors and taxes have been paid or will be paid along with any written confirmation of payment from the estate file itself. If that cannot be obtained, then in the case of a sale, it is typically best to wait until all of the matters raised in examination have been dealt with and all creditor deadlines have passed. In the case of a refinance, an indemnity agreement can be entered into with the Company as a last resort.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Specific Topics==

===Affidavits of Heirs===

Missouri does not allow the use of Affidavits of Heirs outside of formal estate administration for the purposes of passing real property. Small estates can be handled through a summary proceeding that uses affidavits, but only in the context of a formally open estate. See Small Estates below.

"Heirship affidavits are not uncommon in MO. The keys are that the decedent has to be dead for at least 1 year and there can be no estate or will admitted to probate within that year. (Time period for claims to be made and time period to administer an estate/present a will.) All the heirs at law have to sign the affidavit. Otherwise they have to use a small estate affidavit or full administration."

===Ancillary Proceedings===

Ancillary proceedings are required to be filed with the probate court when dealing with property of a non-resident decedent.

===Conveyances===

===Creditor Claims===

Liabilities for claims against the estate and state inheritance tax are transferred to the proceeds of the sale of property. Secured claims such as deeds of trust and other liens on the property, such as judgment liens, must be satisfied. Unsecured claims not filed within six months after the first published notice of letters of testamentary are barred. If no administration is had, claims are barred one year from the date of the death of the decedent.

===Death Certificates===

Death Certificates are not typically recorded, but are available through the state's Vital Records Department. Some recorders offer to obtain certified copies of these in their pricing lists.

===Death Taxes===

Missouri has an estate tax, which is set forth in Chapter 145 of Missouri Revised Statutes. A tax is imposed on the transfer of every decedent's estate. The tax is defined as the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax by Section 2011 or any other provision of the laws of the United States.

Liens for state estate taxes pass to the proceeds of the sale of property out of the estate. The liens are good for 10 years against beneficiaries if judgment is obtained.

Missouri does not have an inheritance tax.

===Intestacy===

If no Will is ever probated, heirs are immediately vested with title upon the death of the decedent. Title is not vested in the Estate or any personal representative. Therefore any deed out of an intestate estate must include the beneficiaries signing off in their individual capacity.

A surviving spouse takes the entire estate if there are no children. If there are children, the spouse takes half, and the children take half per stirpes. If there is no surviving spouse, the children take per stirpes. If there is no surviving spouse or children, then parents, brothers and sisters share per stirpes. Grandparents, uncles, aunts and their descendants are next in order followed by kindred of the deceased spouse. If none of those persons exist, the property escheats to the state.

With respect to intestate succession, a surviving spouse takes all property if there are no children or no surviving parent of the deceased. If there are parents or children, the surviving spouse takes the first $20,000 in value of the estate and one half of the balance of the estate. There is no waiver provision for this statutory right.

===Personal Representatives===

===Probate===

Probate of a Will is barred unless presented for probate within six months from the date of the first publication of notice granting letters testamentary or of administration or within thirty days from the commencement of an action to contest the validity of a will, whichever is later. No will can be admitted to probate and no administration granted unless application is made to the court within one year from the date of the death of the decedent.

====Foreign Probate====

===Slayer's Act===

Missouri does not have a statute governing situations where a beneficiary is barred from inheritance for deliberately murdering a decedent. It does, however, have a common law rule equivalent of such a statute. [https://www.elderlawannarbor.com/2015/06/extending-the-slayer-rule-in-missouri/]

* Barnett v. Couey, 224 Mo. App. 913, 27 S.W.2d 757 (1930).
* Grose v. Holland, 357 Mo. 874, 211 S.W.2d 464 (1948).

===Small Estates===

Missouri has a procedure for small estate administration that uses an Affidavit of Administration of Small Estate for passing real or personal property when an estate's total value is under $40,000. [https://law.justia.com/codes/missouri/2011/titlexxxi/chapter473/section473097/ MO Rev Stat § 473.097].

* [https://eforms.com/small-estate/missouri-small-estate-affidavit/]
* [https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/missouri-small-estates-general-summary-law/]
* Form: [https://www.courts.mo.gov/hosted/circuit11/Documents/SMALL%20ESTATE%20AFFIDAVIT.pdf]

===Wills===

==Cross-References==
* [[Missouri]]
* [[Estates]]

Security Instruments in Missouri

2020-11-08T16:58:07Z

Davidjenkins:

==Overview==

: "Security instrument", as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation. MO Rev Stat § 443.005.

===Sources===

===Compliance===

===Forms===

===Searching===

===Examination===

====Standard Requirements====

====Standard Exceptions====

===Curative===

* '''10 years''' from '''date of maturity''' as found on Note. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter516/section516110/ MO Rev Stat § 516.110]. This can be extended to a maximum of 20 years by a recorded written agreement signed by the mortgagor. See Oehler v. Philpott, 263 S.W.2d 201, 202 (Mo. 1953) unraveling the confused mess that is [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter516/section516150/ MO Rev Stat § 516.150].
* '''20 years''' from the '''date of execution''' the instrument for security instruments lacking a maturity date. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter516/section516155/ MO Rev Stat § 516.155]. This applies to both regular security instrument and security instruments that provide for future advances. Id. If there is no date of execution, then the date of acknowledgment shall be used. Id. If there is no date of execution or acknowledgment, then the date of recording shall be used. Id.

===Underwriting===

===Production===

===Closing & Escrow===

===Recording===

* § 443.035 - Address, etc.
* Deeds of trust must contain a legal description of the land affected. Id. § 59.330(2) (TIRS, 2015)

===Claims===

===Pricing===

==Specific Topics==

===Trustees===

Missouri law prohibits a foreign corporation or individual from acting as trustee in any security instrument affecting property in the state that is made after August 28, 1994, unless the instrument names as co-trustee a domestic corporation or individual citizen of the state. Id. § 443.350. (TIRS, 2015). It appears as though nearly any entity or adult can serve as a trustee although any conflicts of interest should be taken into account. An underwriter or a title agent could qualify as a trustee if it is a MO corporation. By custom, an attorney who is a resident of Missouri is usually named trustee. The lender/beneficiary selects the trustee.

===ETC===

No Mortgage Tax.

A deed of trust is the standard form of security instrument. However, a mortgage is recognized as a valid security instrument. Missouri has a future advance statute. (Mo. Rev. Stat. §443.055) All contractual obligations, obligatory or optional, are secured. The priority of the advances dates from the time the instrument is recorded. An owner may terminate the future advance provision by sending a notice to the lender by certified mail or by delivering the notice in person. Within fifteen days after receipt of said notice, the lender has to record an instrument stating that it has received the termination notice and reciting the total principal amount of the debt as of the date the notice was received. In order to come within the provisions of the statute, the security instrument must recite within the body a provision expressly stating that the instrument is to be governed by the above referenced statutory section.

===Satisfaction===

# Releases, satisfactions, and reconveyances - A deed of release of a deed of trust must be delivered to the person who gave satisfaction within fifteen business days. (Section 443.130 Missouri Revised Statutes)
# Penalties - Failure to provide the release may result in a penalty of ten percent of the amount of security instrument and any other damages which the aggrieved party can prove. (Section 443.130 Missouri Revised Statutes).
# Terminating revolving credit loans - A request is usually made to have the lender state on his payoff statement that the line of credit is terminated with respect to the revolving credit loan.

* Liability imposed for failure to time satisfy a mortgage is found at [https://law.justia.com/codes/missouri/2011/titlexxix/chapter443/section443130/ MO Rev Stat § 443.130].

===Vendors' and Vendees' Liens===

These are equitable liens that may take priority over a regular security instrument depending on the facts of the case and the knowledge of the lender regarding any down money given to the seller or any unpaid amounts still owed to the seller from the buyer.

===Other===

Consumer legislation

There is no significant consumer legislation, which would give rise to title issues with respect to security instruments.

Assignment of security instruments

Security instruments are assigned by the assignor executing an appropriate written document assigning the security interest to the assignee. In order for the assignee to have the benefit of the recording acts, the assignment of the security interest needs to be recorded.

Subordination of security instruments

A written instrument of subordination, which recites the recording information of the document to which the security instrument is to be subordinated, must be recorded in the office of the County Recorder.

Foreclosure

Mortgages are foreclosed by filing a petition for foreclosure in the office of the Circuit Court.

Deeds of trust are foreclosed by utilizing the power of sale contained in the instrument which gives the trustee the right to sell the property at the courthouse provided statutory notice provisions have been met. Notice of the sale must be given by certified mail to persons who have recorded a request for notice of sale and to the last owner of record. The sale must be advertised in a daily newspaper at least 20 times continued to the date of sale starting at least 20 days prior to the scheduled date of foreclosure. All real estate sold under the power of sale is subject to a one year right of redemption provided that the person entitled to redeem gives written notice at the sale, or within ten days before the advertised date of the sale, of the intent to redeem. The person redeeming must give security to the Circuit Court's satisfaction for the payment of the obligation and interest on the debt including all damages as well.

Vendors' Liens

A vendor's lien is a common law lien and may be created by reciting same in the deed of conveyance. By statute, a vendor's lien is unenforceable unless the party claiming same shall, within two years after the indebtedness secured by the lien becomes due, file suit against the owner and other proper parties to enforce the lien.

==Cross-References==
* [[Missouri]]
** [[Foreclosures in Missouri]]
** [[Liens in Missouri]]
* [[Security Instruments]]

Adverse Possession in Missouri

2020-11-08T16:52:27Z

Davidjenkins: /* Elements */

==Overview==

==Sources==

===Statutes===

===Cases===

==Elements==

* 10 years (516.010)
* Elements:
** Actual
** Open
** Hostile
** Exclusive
** Continuous
** Under a Claim of Ownership

==Tacking==

==Color of Title==

==Exemptions==

* 24-year savings period for infants and the incapacitated.

==Insureability==

Normally, titles which are purportedly acquired by adverse possession will not be insured unless such title is confirmed by an affirmative judgment in a quiet title suit.

==Cross-References==
* [[Missouri]]

Security Instruments in Missouri

2020-11-08T16:50:35Z

Davidjenkins: /* Cross-References */

==Overview==

: "Security instrument", as that term is used in this chapter, shall mean any mortgage, deed of trust or other real property security instrument securing the payment or satisfaction of any debt or other obligation. MO Rev Stat § 443.005.

==Recording Requirements==

* § 443.035 - Address, etc.
* Deeds of trust must contain a legal description of the land affected. Id. § 59.330(2) (TIRS, 2015)

==Trustees==

Missouri law prohibits a foreign corporation or individual from acting as trustee in any security instrument affecting property in the state that is made after August 28, 1994, unless the instrument names as co-trustee a domestic corporation or individual citizen of the state. Id. § 443.350. (TIRS, 2015). It appears as though nearly any entity or adult can serve as a trustee although any conflicts of interest should be taken into account. An underwriter or a title agent could qualify as a trustee if it is a MO corporation. By custom, an attorney who is a resident of Missouri is usually named trustee. The lender/beneficiary selects the trustee.

==Duration==
* '''10 years''' from '''date of maturity''' as found on Note. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter516/section516110/ MO Rev Stat § 516.110]. This can be extended to a maximum of 20 years by a recorded written agreement signed by the mortgagor. See Oehler v. Philpott, 263 S.W.2d 201, 202 (Mo. 1953) unraveling the confused mess that is [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter516/section516150/ MO Rev Stat § 516.150].
* '''20 years''' from the '''date of execution''' the instrument for security instruments lacking a maturity date. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter516/section516155/ MO Rev Stat § 516.155]. This applies to both regular security instrument and security instruments that provide for future advances. Id. If there is no date of execution, then the date of acknowledgment shall be used. Id. If there is no date of execution or acknowledgment, then the date of recording shall be used. Id.

==ETC==

No Mortgage Tax.

A deed of trust is the standard form of security instrument. However, a mortgage is recognized as a valid security instrument. Missouri has a future advance statute. (Mo. Rev. Stat. §443.055) All contractual obligations, obligatory or optional, are secured. The priority of the advances dates from the time the instrument is recorded. An owner may terminate the future advance provision by sending a notice to the lender by certified mail or by delivering the notice in person. Within fifteen days after receipt of said notice, the lender has to record an instrument stating that it has received the termination notice and reciting the total principal amount of the debt as of the date the notice was received. In order to come within the provisions of the statute, the security instrument must recite within the body a provision expressly stating that the instrument is to be governed by the above referenced statutory section.

==Satisfaction==

# Releases, satisfactions, and reconveyances - A deed of release of a deed of trust must be delivered to the person who gave satisfaction within fifteen business days. (Section 443.130 Missouri Revised Statutes)
# Penalties - Failure to provide the release may result in a penalty of ten percent of the amount of security instrument and any other damages which the aggrieved party can prove. (Section 443.130 Missouri Revised Statutes).
# Terminating revolving credit loans - A request is usually made to have the lender state on his payoff statement that the line of credit is terminated with respect to the revolving credit loan.

* Liability imposed for failure to time satisfy a mortgage is found at [https://law.justia.com/codes/missouri/2011/titlexxix/chapter443/section443130/ MO Rev Stat § 443.130].

==Vendors' and Vendees' Liens==

These are equitable liens that may take priority over a regular security instrument depending on the facts of the case and the knowledge of the lender regarding any down money given to the seller or any unpaid amounts still owed to the seller from the buyer.

==Other==

Consumer legislation

There is no significant consumer legislation, which would give rise to title issues with respect to security instruments.

Assignment of security instruments

Security instruments are assigned by the assignor executing an appropriate written document assigning the security interest to the assignee. In order for the assignee to have the benefit of the recording acts, the assignment of the security interest needs to be recorded.

Subordination of security instruments

A written instrument of subordination, which recites the recording information of the document to which the security instrument is to be subordinated, must be recorded in the office of the County Recorder.

Foreclosure

Mortgages are foreclosed by filing a petition for foreclosure in the office of the Circuit Court.

Deeds of trust are foreclosed by utilizing the power of sale contained in the instrument which gives the trustee the right to sell the property at the courthouse provided statutory notice provisions have been met. Notice of the sale must be given by certified mail to persons who have recorded a request for notice of sale and to the last owner of record. The sale must be advertised in a daily newspaper at least 20 times continued to the date of sale starting at least 20 days prior to the scheduled date of foreclosure. All real estate sold under the power of sale is subject to a one year right of redemption provided that the person entitled to redeem gives written notice at the sale, or within ten days before the advertised date of the sale, of the intent to redeem. The person redeeming must give security to the Circuit Court's satisfaction for the payment of the obligation and interest on the debt including all damages as well.

Vendors' Liens

A vendor's lien is a common law lien and may be created by reciting same in the deed of conveyance. By statute, a vendor's lien is unenforceable unless the party claiming same shall, within two years after the indebtedness secured by the lien becomes due, file suit against the owner and other proper parties to enforce the lien.

==Cross-References==
* [[Missouri]]
** [[Foreclosures in Missouri]]
** [[Liens in Missouri]]
* [[Security Instruments]]

Liens in Missouri

2020-11-08T16:49:39Z

Davidjenkins: /* Federal Tax Liens and Judgments */

==Overview==

Liens affecting real property in Missouri are primarily filed at the county level. The Circuit Court contains the civil court records for each county while the Recorder of Deeds is the primary land records office for each county. Delinquent real property taxes and municipal assessments may also constitute liens against real property. These types of liens may not necessarily be filed at the county level and so a separate search or certification must be obtained to determine any delinquencies.

==Alimony/Support==

Alimony or Spousal Support may be awarded by a court when a Divorce Decree is entered [https://law.justia.com/codes/missouri/2011/titlexxx/chapter452/section452080/ MO Rev Stat § 452.080.]. The order acts as a '''general lien''' on any real property owned by the debtor in the county in which it is entered without any separate filing. It will attach to after-acquired property and '''does not expire''' until paid in full. This is also referred to as Spousal Maintenance.

==Bail Liens==

N/A.

==Broker Liens==

Missouri law provides that a real estate broker has a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client pursuant to a written agreement with the owner. (Section 429.605 of the Missouri Revised Statutes) The lien attaches when the broker records a notice of the lien in the office of the recorder of deeds in the county in which the real estate is located. If the broker has an agreement with the purchaser, the lien attaches at the time the purchaser accepts conveyance and if the broker records a notice of lien within ninety days after the purchase or transfer of interest to the buyer. It is important that, at the time of closing, the broker acknowledges that no agreement with the buyer exists or that the terms thereof have been fulfilled. It should also be noted that real estate appraisers and title insurance companies have lien rights with respect to work performed for appraisal services or for title examination services with respect to commercial real estate. (Section 429.629 Missouri Revised Statutes)

==Child Support Liens==

Child Support Liens in Missouri expire after '''three (3) years''' from the date of filing. A Support Order, by itself, does not create any lien. A release of the lien can be prepared by the support agency and also by the payment recipient. [https://law.justia.com/codes/missouri/2011/titlexxx/chapter454/section454515/ MO Rev Stat § 454.515].

==Civil Money Judgments==

Civil Money Judgments become a general lien on any real property either owned or '''subsequently acquired''' by the judgment debtor in the county in which they are filed upon entry in the county civil court records. They act as a lien for '''ten (10) years''' and can be '''revived indefinitely'''. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter511/section511360/ MO Rev Stat § 511.360]. Revival of a lien within the ten (10) year period will maintain priority from the date of initial filing. Revival after the ten (10) year period has lapsed will result only in a loss of priority, not the lien itself. Meyer v. Ragar, 935 S.W. 2d 197 (Mo.App. 1996).

==Community Association Liens==

===Condominium Association Liens===
Condominium liens are automatic ''in rem'' liens on property from the moment of assessment. They do not need to be recorded. The association has '''three (3) years''' from the date of assessment to file suit to collect any delinquencies. [https://law.justia.com/codes/missouri/2011/titlexxix/chapter448/section4483-116/ MO Rev Stat § 448.3-116].

===Homeowners' Association Liens===

Missouri does not have any provision for creating statutory Homeowners' Association Liens. Instead, the status and priority of the lien is governed by the Declaration. Most HOAs collect overdue assessments by filing a regular lawsuit to obtain a Civil Money Judgment.

==Community Facilities District Liens==

N/A.

==Construction/Mechanic’s Liens==

See [[Construction Liens in Missouri]]

==Criminal Money Judgments==

Criminal Money Judgments and orders of restitution do not attach to real property in Missouri unless they have been transcribed.

==Estate Tax Liens==

See [[Estates in Missouri]].

==Federal Tax Liens and Judgments==

* See [[Federal Tax Liens]]
* See [[Federal Judgments]]

==Financing Statements==

Financing Statements (UCCs) in Missouri are filed in the Recorder of Deeds Office in the fixture index as well as the regular public land records. Regular filings constitute a lien for '''five (5) years''' and may be revived for same period by filing a continuation statement. Financing Statements filed against '''mobile homes''' or other types of manufactured housing act as a lien for '''thirty (30) years'''.

==Hospital Liens==

Hospital liens do not create liens on real property. [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter430/section430230/ MO Rev Stat § 430.230].

==Inheritance Tax Liens==

N/A. See [[Estates in Missouri]].

==Lis Pendens==

Notices of Lis Pendens are filed in the Recorder of Deeds office. They do not expire until the underlying lawsuit has been dismissed or resolved. Any judgment of the court will have a retroactive date as of the filing of the Lis Pendens.

==Municipal Assessments==

Missouri, like most states, has assessments that are filed at the municipal level that can eventually be turned into liens at the county level, at which point they directly affect title because they are now filed in the Public Records as defined in the policy. With Missouri, there is enabling legislation that allows the municipalities to set whether or not the assessments become liens as of the date they are assessed or, by default, as of the date they are filed at the county level. Certain liens can be converted into special tax liens against the property at which time a bill is sent to the owner. From that point forward they handled in the same manner as real estate taxes.

==Municipal Liens==

Municipal Liens are filed in the Circuit Court of the county in which the property is located. The liens are in rem against the specific property listed in the lien. Depending on the type of lien and any ordinance that enabled it, the lien may have priority back to the date of its original assessment rather than the date of filing.

==Real Property Tax Liens==

Real Property Tax Liens do not expire. See [[Real Property Taxes in Missouri]].

==Security Instruments==

See [[Security Instruments in Missouri#Duration|Security Instruments in Missouri]].

==State Tax Liens==

* Missouri tax liens expire after 10 years, but may be renewed one time prior to expiring for an additional 10 years (20 years total).
* Article [http://www.carnahanlaw.com/IRS/motaxcollection.html]
* Interest Rate Calculation [https://dor.mo.gov/intrates.php]

==Other==

* TEFRA liens (Mo. Code Regs. tit. 13 § 70-4.110)

==Cross-References==

* [[Missouri]]
* [[Liens]]

Liens in Missouri

2020-11-08T16:49:16Z

Davidjenkins: /* Financing Statements */

==Overview==

Liens affecting real property in Missouri are primarily filed at the county level. The Circuit Court contains the civil court records for each county while the Recorder of Deeds is the primary land records office for each county. Delinquent real property taxes and municipal assessments may also constitute liens against real property. These types of liens may not necessarily be filed at the county level and so a separate search or certification must be obtained to determine any delinquencies.

==Alimony/Support==

Alimony or Spousal Support may be awarded by a court when a Divorce Decree is entered [https://law.justia.com/codes/missouri/2011/titlexxx/chapter452/section452080/ MO Rev Stat § 452.080.]. The order acts as a '''general lien''' on any real property owned by the debtor in the county in which it is entered without any separate filing. It will attach to after-acquired property and '''does not expire''' until paid in full. This is also referred to as Spousal Maintenance.

==Bail Liens==

N/A.

==Broker Liens==

Missouri law provides that a real estate broker has a lien on commercial real estate or an interest in such commercial real estate in the amount of the compensation as agreed upon by the real estate broker and the real estate broker's client pursuant to a written agreement with the owner. (Section 429.605 of the Missouri Revised Statutes) The lien attaches when the broker records a notice of the lien in the office of the recorder of deeds in the county in which the real estate is located. If the broker has an agreement with the purchaser, the lien attaches at the time the purchaser accepts conveyance and if the broker records a notice of lien within ninety days after the purchase or transfer of interest to the buyer. It is important that, at the time of closing, the broker acknowledges that no agreement with the buyer exists or that the terms thereof have been fulfilled. It should also be noted that real estate appraisers and title insurance companies have lien rights with respect to work performed for appraisal services or for title examination services with respect to commercial real estate. (Section 429.629 Missouri Revised Statutes)

==Child Support Liens==

Child Support Liens in Missouri expire after '''three (3) years''' from the date of filing. A Support Order, by itself, does not create any lien. A release of the lien can be prepared by the support agency and also by the payment recipient. [https://law.justia.com/codes/missouri/2011/titlexxx/chapter454/section454515/ MO Rev Stat § 454.515].

==Civil Money Judgments==

Civil Money Judgments become a general lien on any real property either owned or '''subsequently acquired''' by the judgment debtor in the county in which they are filed upon entry in the county civil court records. They act as a lien for '''ten (10) years''' and can be '''revived indefinitely'''. [https://law.justia.com/codes/missouri/2011/titlexxxv/chapter511/section511360/ MO Rev Stat § 511.360]. Revival of a lien within the ten (10) year period will maintain priority from the date of initial filing. Revival after the ten (10) year period has lapsed will result only in a loss of priority, not the lien itself. Meyer v. Ragar, 935 S.W. 2d 197 (Mo.App. 1996).

==Community Association Liens==

===Condominium Association Liens===
Condominium liens are automatic ''in rem'' liens on property from the moment of assessment. They do not need to be recorded. The association has '''three (3) years''' from the date of assessment to file suit to collect any delinquencies. [https://law.justia.com/codes/missouri/2011/titlexxix/chapter448/section4483-116/ MO Rev Stat § 448.3-116].

===Homeowners' Association Liens===

Missouri does not have any provision for creating statutory Homeowners' Association Liens. Instead, the status and priority of the lien is governed by the Declaration. Most HOAs collect overdue assessments by filing a regular lawsuit to obtain a Civil Money Judgment.

==Community Facilities District Liens==

N/A.

==Construction/Mechanic’s Liens==

See [[Construction Liens in Missouri]]

==Criminal Money Judgments==

Criminal Money Judgments and orders of restitution do not attach to real property in Missouri unless they have been transcribed.

==Estate Tax Liens==

See [[Estates in Missouri]].

==Federal Tax Liens and Judgments==

* [[Federal Tax Liens]]
* [[Federal Judgments]]

==Financing Statements==

Financing Statements (UCCs) in Missouri are filed in the Recorder of Deeds Office in the fixture index as well as the regular public land records. Regular filings constitute a lien for '''five (5) years''' and may be revived for same period by filing a continuation statement. Financing Statements filed against '''mobile homes''' or other types of manufactured housing act as a lien for '''thirty (30) years'''.

==Hospital Liens==

Hospital liens do not create liens on real property. [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter430/section430230/ MO Rev Stat § 430.230].

==Inheritance Tax Liens==

N/A. See [[Estates in Missouri]].

==Lis Pendens==

Notices of Lis Pendens are filed in the Recorder of Deeds office. They do not expire until the underlying lawsuit has been dismissed or resolved. Any judgment of the court will have a retroactive date as of the filing of the Lis Pendens.

==Municipal Assessments==

Missouri, like most states, has assessments that are filed at the municipal level that can eventually be turned into liens at the county level, at which point they directly affect title because they are now filed in the Public Records as defined in the policy. With Missouri, there is enabling legislation that allows the municipalities to set whether or not the assessments become liens as of the date they are assessed or, by default, as of the date they are filed at the county level. Certain liens can be converted into special tax liens against the property at which time a bill is sent to the owner. From that point forward they handled in the same manner as real estate taxes.

==Municipal Liens==

Municipal Liens are filed in the Circuit Court of the county in which the property is located. The liens are in rem against the specific property listed in the lien. Depending on the type of lien and any ordinance that enabled it, the lien may have priority back to the date of its original assessment rather than the date of filing.

==Real Property Tax Liens==

Real Property Tax Liens do not expire. See [[Real Property Taxes in Missouri]].

==Security Instruments==

See [[Security Instruments in Missouri#Duration|Security Instruments in Missouri]].

==State Tax Liens==

* Missouri tax liens expire after 10 years, but may be renewed one time prior to expiring for an additional 10 years (20 years total).
* Article [http://www.carnahanlaw.com/IRS/motaxcollection.html]
* Interest Rate Calculation [https://dor.mo.gov/intrates.php]

==Other==

* TEFRA liens (Mo. Code Regs. tit. 13 § 70-4.110)

==Cross-References==

* [[Missouri]]
* [[Liens]]

Construction Liens in Missouri

2020-11-08T15:29:20Z

Davidjenkins: /* Curative */

==Overview==

Construction Liens in Missouri are referred to as Mechanics' and Materialmen's Liens in the statutes authorizing them. They follow the standard model of most constructions liens. When a lien is filed, it has priority back to the commencement of construction and does not require any special notice or registration to have this priority. In addition, the lien will have priority over any security instrument recorded '''prior''' to the commencement of construction if the funds in the security instrument were intended to pay for the construction.

===Sources===

[https://law.justia.com/codes/missouri/2011/titlexxvii/chapter429/section429010/ MO Rev Stat § 429.010.]

===Compliance===

===Forms===

* Notice of Commencement - N/A.
* Notice of Completion - N/A.
* Consent of Owner
* Notice of Intended Sale
* Notice of Rights
* Mechanic's Lien Claim
* Just and True Account
* Lien Waiver
** Conditional
** Unconditional

===Search===

* Notices of Intended Sale are recorded in the Recorder of Deeds office. MO Rev Stat § 429.016.11(1).
* Notices of Rights are recorded in the Recorder of Deeds office. MO Rev Stat § 429.016.9.
* Mechanic's Lien Claims are filed with the Clerk of the Circuit Court. MO Rev Stat § 429.080.

===Examination===

* A Mechanic's Lien Claim can be cleared if no lawsuit to enforce the lien has been filed within six (6) months of the filing date of the lien. MO Rev Stat § 429.170.

===Curative===

* A lawsuit to enforce a Mechanic's Lien must be filed within six (6) months from the filing of the Mechanic's Lien Claim.

===Underwriting===

Ideally get an unconditional waiver from the general contractor before starting any new construction project. This is nearly impossible to get.

===Production===

===Closing & Escrow===

===Recording===

===Claims===

===Pricing===

==Authorized Claimants==

Any person who shall do or perform any work or labor upon land… or furnish any material… for any building, erection or improvements upon land, or for repairing, grading, excavating, or filling of the same… by virtue of any contract with the owner or proprietor thereof, or his or her agent… upon complying with the provisions of sections 429.010 to 429.340, shall have for his or her work or labor done… a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated. [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter429/section429010/ MO Rev Stat § 429.010.1].

Any person or entity who performs work or delivers materials for construction purposes has the statutory right to file a mechanic's lien. (Chapter 429 Missouri Revised Statutes) Architects and engineers are specifically protected under the statute. [https://law.justia.com/codes/missouri/2011/titlexxvii/chapter429/section429015/ MO Rev Stat § 429.015]. With respect to owner-occupied, residential property which is being repaired or remodeled, only the original contractor has lien rights unless the contractor obtains written consent from the owner that subcontractors can file liens if not paid.

==Lien Priority==

The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said buildings, erections, improvements or machinery have been erected or put… (RSMo 429.050) The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements. (RSMo 429.060)

Any person enforcing such lien may have such building, erection or improvement sold under execution and the purchaser may remove the same within a reasonable time after such a sale.1 In other words, if the date of attachment of a mechanic's lien is subsequent to the effective date of another encumbrance, the mechanic's lien will be superior as to the building or improvements constructed, but inferior as to the land. Section 429.060

A construction lender cannot achieve priority over a mechanic's lien, applying the "doctrine of waiver” developed by the Missouri courts. The lien dates from the visible commencement of work and has priority over any prior lien, which is recorded after the date of the visible commencement of work. Any pre-existing mortgage, which is recorded prior to the commencement of work, the proceeds of which are not to be used for construction, has priority over a subsequent mechanic's lien.

==Registries==

There are no special registries with regard to Construction Liens in Missouri.

==Filing Deadlines==

In post construction/improvement sale transactions, a Notice of Rights must be recorded by the lien claimant in the office of the Recorder of Deeds, not less than five (5) days prior to the date of closing stated in the Notice of Intended Sale recorded by property owner. Subsequent to that filing, the lien claimant has six (6) months to file his claim with the clerk of the circuit court in the proper jurisdiction. (RSMo 429.080) NOTE: Filing requirements and lien periods are different for residential versus non-residential property and for improvements versus demolition or material supply - review the Revised Statutes of Missouri Section 429 closely.

The lien must be filed within six months from the date the person last performed work or delivered materials. An action to enforce a mechanic's lien must be brought within six months of the filing of the lien.

===Notice of Rights===

This process appears to have been developed in order to prevent new buyers from getting hit with mechanic’s liens. Basically the seller has to record the notice and also give separate notice to the contractor at least 45 days prior to closing. If any contractors do not record a Notice of Rights at least five days prior to the closing date, then they lose the ability to file a mechanic’s lien against the property. They still retain a regular contract remedy against the prior owner, however.

Because the notice must be filed at least 45 days prior to closing, a closing cannot be moved up if it would then fall within that 45 day period. A seller can close after the date in the notice without having to file a new notice, but they cannot move the date up, otherwise the protection against mechanic’s liens would be lost.

==Enforcement Deadlines==

All actions under sections 429.010 to 429.340 shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist by virtue of the provisions of said sections, for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein prescribed. [https://law.justia.com/codes/missouri/2016/title-xxvii/chapter-429/section-429.170/ MO Rev Stat § 429.170 (2016)].

==Other==

===Releases===

Missouri has no statutory procedure for releasing a mechanic's lien in exchange for a surety bond. If a lien is settled before a suit is filed, a mechanic's lien release is recorded in the county recorder's office.

===Tenant Improvements===
On April 12, 2016, the Missouri Court of Appeals for the Eastern District handed down an opinion [https://www.courts.mo.gov/file.jsp?id=99599 Crafton Contracting Company, et al. v. Swenson Construction, Inc.]

Under this opinion, unpaid mechanics lien subcontractor claimants who performed tenant finish improvements in a shoe store in a regional shopping mall were able to establish and enforce mechanics liens against the entire mall property. The tenant is as an agent of the owner/landlord for purposes of the Mechanics Lien Statute, §429.010, R.S.Mo.

==Cross-References==
* [[Construction Liens]]
* [[Missouri]]
** [[Liens in Missouri]]
** [[New Construction in Missouri]]

Recording in Missouri

2020-11-08T15:24:53Z

Davidjenkins: /* ETC */

==Overview==

==Document Requirements

* Id. § 59.310

==Fees==

* Mo. Ann. Stat. § 59.310(6)
* § 59.313.6

==ETC==

Requirements for recording deeds, real estate security instruments, and releases can be found in Section 59.330 Missouri Revised Statutes. Such instruments must be acknowledged according to law and contain a legal description. The mailing address of the grantee must be contained within the instrument. The name of any signatory must be typed, printed, or stamped below the signature line.

For property located in the City of St. Louis, the grantor and the grantee must sign deeds of conveyance, deeds of trust and leases.

A recorded quitclaim deed will prevail over a prior unrecorded warranty deed if the person receiving the quitclaim deed is a bona fide purchaser. (120 Mo. 498)

Missouri is a notice recording statute jurisdiction.

==Regulatory Requirements==

Unless otherwise instructed by the parties, a settlement agent must record all deeds and security instruments within five (5) business days after all of the conditions precedent to the completion of a transaction have been fulfilled. 381.026.

==Certificates of Value==

==Deeds==

There is a per page charge for recording deeds which is set by statute. There are no transfer taxes.

==Security instruments==

There is a per page charge for recording deeds of trust which is set by statute. There is no mortgage tax.

Leases

There is a per page charge for recording a lease or memorandum thereof which is set by statute. There are no other charges.

Transfers of shares in an ownership entity

There are no taxes or charges for transferring the shares of partnership interests in an entity owning real estate except for the standard per page recording fee.

Other recording charges

There are no other recording charges in addition to those previously detailed.

==Cross-References==
* [[Missouri]]