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by Cyneat on May 30th, 2006

Cyneat

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Where can I get a 'Letter of Testamentary' without needing to use an attorney?

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  • by MyKinKStar on June 14th, 2006

    MyKinKStar

    If you are the executor (or executrix) listed in a will, you get a letter testamentary by taking the official will along with a certified death certificate to the local court or city hall in the county where the deceased lived at the time of death and filing a probate petition. The court will establish the validity of the will and verifies you have authority to act on behalf of the deceased according to the will. The court opens a file, then issues a letter testamentary (also called letters of administration) authorizing you to act in charge of distributing assets as the decedent wished, and any other responsibilities to dissolve the estate. Be sure to get multiple certified copies of the letter testamentary so you can deal with banks and others where it will be legally required.
    If decedent had no will, certain individuals (next of kin) can take the death certificate to the probate court and be appointed the administrator (or administratrix) of the estate.
    http://legal-dictionary.thefreedictionary.com/letters+testamentary

    Comments

    • Let's say you are not only named as executor in the will, but also named as "first successor trustee" in the living trust that includes the will. When the trust settlor (the original trustee) dies, the named first successor trustee has complete power to do all the things that the decedent could do. Plus, the trustee is also the executor.

      Now, based on this hypo, why would the trustee/executor have to go to probate court, and file a petition, to be able to open a bank account in the name of the estate?

      In California, it costs a minimum of $320 to go to court, not counting the cost of an attorney. I thought setting up a trust was supposed to "avoid probate," as all the books say.

      Anonymous

      by Anonymous on November 27th, 2007

    • Thank you for this answer. Does the letter have to be from the county the deceased resided in? I am the executor but live in a different state. Can I go to my local courthouse or can I get it through the mail from the other court?

      Tiffany_L9425

      by Tiffany_L9425 on June 14th, 2011

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