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Letter Letters Testamentary FAQ

When probating a will, it is necessary for one person to be appointed as the executor.Generally speaking, the executor must obtain a letter of testamentary, which provides legal documentation and proof that they are in fact the executor of the estate.

If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs.

To obtain a letter of testamentary, you'll likely visit a probate court or city hall. The probate officer generally expects you to bring the decedent's death certificate, as well as his or her last will and testament.

Find the local probate court or surrogate's court, as it's sometimes called. File the will and a certified copy of the testator's death certificate . Fill out the necessary paperwork , like a petition form, and provide any additional documents.

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. This letter gives you permission to pay an estate's debts, take inventory of the estate's assets and distribute those assets on behalf of the decedent.

There are two components of letter of testamentary cost: the court fee and the attorney's fees. The court fee ranges from $45 to $1,250, depending on the gross value of the estate. The attorney's fees start at about $2,500 and can go up depending on the complexity of the case.

Keep the letter brief and straightforward as it is a legal document. Confirm the situation whereby probate has been granted. Was it written in the will? Clearly outline the obligations of the recipient so they know what is required of them. Sign the letter to make it legally binding.

Most likely you will need an attorney to obtain letters testamentary. Many attorneys offer a free consultation. At least meet with an attorney to make sure letters testamentary is what you need.

Sample Letter Of Administration

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Letter Of Administration Sample Other Form Names

Letter Letters Testamentary FAQ

Do I need a letter of testamentary if I have a will?

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How do you get a letter of testamentary without a will?

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