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A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
This requires several steps: Petition the court to open the estate. The probate attorney will prepare a document called a petition to file with the court to open the estate. ... File proof of decedent's death. ... File oath of office. ... Designate resident agent. ... Furnish bond. ... Serve notice of administration.
Once granted, letters testamentary allow executors to collect any of a decedent's assets that are being held by another person or a bank. The executor can then move on to carrying out other duties, including appraising and inventorying assets, paying off debts, and transferring property to named beneficiaries.
Can I Get Letters Testamentary without a Will? The simple answer is no. Letters Testamentary is issued when a person dies with a Will. If a person dies without a Will (?Intestate?), it is necessary for an heir to bring application to receive Letters of Administration and for declaration of heirship.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.
How to Obtain a Letter of Testamentary in Florida. If you want to begin completing your duties as personal representative, you will have to go to court. Bring the deceased's will and death certificate in order to obtain a letter of testamentary. These cannot be obtained online ? you'll have to go in person.
Variations of Letters of Office ?Letters of Office? (also called ?Letters Testamentary?) ? issued to appointed executor when the executor is designated under a valid Will; ?Letters of Administration? ? issued to administrator when the decedent died without a valid Will (intestate estate); or.
A letter of administration is a court-issued document that gives someone the authority to act as the estate administrator. The administrator can then access and manage the late person's assets, such as financial accounts and real estate property.