Can a certified marriage consent be accepted as the same as a marriage certificate at probate?

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Can a certified marriage consent be accepted as the same as a marriage certificate at probate?

Asked on September 10, 2011 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

At probate you have to have the utmost legally accurate and specific information. If you are speakinig about a consent for a minor to marry, nothing will be considered in place of the actual marriage certificate. Same issue applies to adults. You need to ensure you get a certified copy of the marriage certificate by simply going to the county office wherein the license was obtained and certificate was registered. If there is a concern about the line of intestacy for probate matters, the court will likely not consider anything other than the actual item, unless there is sufficient hardship or impossibility shown as a result of let's say records were lost or could not be notarized or recovered.


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