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A Letter of Testamentarysometimes called a Letter of Administration or Letter of Representationis 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.
Speak to a probate specialist over the phone to discuss the value and details of your loved one's estate. Your probate application and tax forms are then prepared and sent to you to be signed. The application is then submitted to the probate registry for approval.
Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will
Letters testamentary are not issued when there is no will. When a person dies intestate, or without a will, the court issues letters of administration and appoints someone to distribute the decedent's property.
Do you need a solicitor Many executors and administrators act without a solicitor. However, if the estate is complicated, it is best to get legal advice.
At PKWA Law, our legal fees for applying a Grant of Letters of Administration are $1,500 (without GST and disbursements). How much are the court fees and disbursements? The court fees range from about $300 to about $600.
One small caveat to the above: Letters of administration c.t.a. refer to letters granted to a person not named in the will as an executor, but who is serving as such, as the named executors cannot or will not act. Letters of administration d.b.n. refer to the letters granted to a substitute executor or administrator.
The purpose of a letter of testamentary is to show you have the legal right to act as an executor of a particular person's estate.
What are letters testamentary? When a person dies and has properly executed a last will and testament that names another person to manage his estate, the court issues letters testamentary.