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Probate is the legal court process that oversees the final distribution of assets, and payment of liabilities for a person who has died without a Living Trust or LLC. The notice of probate lets beneficiaries and heirs know that legal proceedings in which they have rights are about to begin.
The executor must file the original will and a certified copy of the death certificate with the probate petition and other supporting documents in the Surrogate's Court of the county where the deceased person lived. There is a filing fee based on the size of the estate.
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.
An explanatory letter is a document that gives the owner of the will, the testator, the chance to explain, in as much detail as desired, how and why they wish to distribute their property as they have laid out.
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
A Petition for Probate must be filed in the county that the deceased resided at the date of death. The petition must be filed with the original last will and testament, death certificate, and court filing fee. Additional supporting documents and affidavits may be required depending on the circumstances.