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You'll need to file: Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150) Surviving Spouse, Children, Heirs at Law (MPC 162) Devisees (MPC 163) The original will. A certified copy of the death certificate. Notice of Informal Probate and Return of Service (MPC 550)
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.
Whether an estate has to be probated depends on how the decedent's (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
Massachusetts does not have what's known as an Affidavit procedure for small estates, but they do have a summary probate procedure. An estate value must be less than $25,000 and have no real property to qualify.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
What Documents Do I Need for a Letter of Administration? The original death certificate. A copy of the Will, if there was one. A statement of assets and liabilities within the Estate. A copy of the titles for any property owned (real estate, vehicles, etc.) Letters from any banks where accounts are held.