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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.
Once the judge declares the will is valid and verifies that you're qualified to serve as executor, they'll approve your request and issue you a letter of testamentary. You can then use this document to prove your legal authority to administer your loved one's estate ing to their will.
What is Considered a Small Estate in Tennessee? If an estate is valued at less than $25,000, there is no Will and the decedent was not married, in Tennessee, you can use the summary probate procedure. Note that the state does not have an Affidavit procedure for small estates.
Once the executor receives authority to manage the estate, they have 60 days to file an inventory of the estate with the probate court. Creditors then have up to 12 months to enter their claims on the record.
However, any asset that has a joint owner or a beneficiary designation (or a payable/transferable on death designation), will not have to go through the probate process, so long as that designee is still alive. For any assets in the decedent's estate that were individually owned, the probate process will begin.
If a person passes away without leaving a will in Tennessee, the real property they owned is immediately transferred to their heirs.
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.