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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.
Letters of testamentary are only granted to an estate executor by the probate court if they are the named executor in a valid will. On the other hand, letters of administration are used for estate settlement by an administrator appointed by the probate court when there is no valid will, ie.
If there is no valid will, and you are the next-of-kin, you can apply to be an administrator in the following order of priority: you are the married partner or civil partner of the person who has died. you are the child of the person who has died. you are the grandchild of the person who has died.
A grant of probate is only issued to the named executors of the will, while letters of administration are issued to the person who is entitled to inherit under the rules of intestacy, if the deceased died without a will.
Letters Testamentary vs. Letters of Administration. Letters Testamentary (or sometimes, ?Letters of Testamentary?) and Letters of Administration (sometimes called ?Letters of Representation?) accomplish the same thing. In either case, the court determines who is authorized to deal with the deceased person's estate.
Testamentary trust example ing to the trust terms you laid out, after your death, your best friend will manage the trust funds and make decisions in your child's best interest until they reach the age of 25. At that point, the trust will terminate, and your child will receive the money.
If the estate is $30,000 or less, and there is no real estate, then either the surviving spouse, surviving child or a preferred creditor may file a petition to dispense with administration of probate.
Letters of testamentary allow the executor of an estate to serve as a personal representative on behalf of someone who has passed away when handling financial and other affairs in ance with state probate laws.