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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
no will how can i get letter testamentary
You may not need a Letter of Testamentary at all. If you are in California, and the asset is under $60,000, you can use a document called Affidavit for Collection of Personal Property (Google it and the form is free). However, if there is a Trust that owns all of the assets, you will need the Certification of Trust or a signed and Notarized copy of the Trust.
As the Successor Trustee, you do not need to Probate property that the Trust owns. You have the power and the marching orders in the body of the Declaration of Trust, to carry out out all necessary actions.
So the question remains - does one really need a letter of testamentary if the husband who just died has a will sending the deceased's assets back into the trust?
Why does the wife need this - as I thought as well the will and trust were formed to eliminate this inconvenience and expense.
I want a form of a letter of testamentary without using an attorney.
How much do attorneys receive in an estate in Kansas?
by Answerbag Staff on August 18th, 2010
| 1 person likes this
Does North Carolina recognize wills from other states?
by Answerbag Staff on August 18th, 2010
| 1 person likes this
How do I administer an irrevocable trust?
by Answerbag Staff on August 15th, 2010
| 1 person likes this
I need to rewrite my living will. Please remind me what I had chosen to give you. Thanks!
by genericdust on September 20th, 2011
| 2 people like this
How long does it take to get a letter of testamentary without a will. Do I have to go through probate court?
by Sassysadiyyah on September 10th, 2011
| 1 person likes this
You're reading Where can I get a 'Letter of Testamentary' without needing to use an attorney?
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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.
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?
by Tiffany_L9425 on June 14th, 2011