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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Answers. 6 helpful answers below.

  • 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

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  • by puzzled on October 9th, 2009

    puzzled

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  • by babedoll on August 26th, 2009

    babedoll

    no will how can i get letter testamentary

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  • by PeggySue on October 1st, 2008

    PeggySue

    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.

  • by rick on September 7th, 2008

    rick

    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.

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  • by Anonymous on August 28th, 2007

    Anonymous

    I want a form of a letter of testamentary without using an attorney.

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