ANSWERS: 6
  • 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
  • I want a form of a letter of testamentary without using an attorney.
  • 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.
  • 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.
  • no will how can i get letter testamentary
  • http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1705205 Try this

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