Washington Letters Testamentary, also known as Letters of Administration, are documents issued by a court in Washington that provide authority to an executor or administrator to administer the estate of a deceased person. They are necessary to establish the executor's legal right to act on behalf of the estate. The letters are typically issued when an individual dies without a Last Will and Testament or when the court determines that the existing Will is invalid. There are two types of Washington Letters Testamentary: Letters of General Administration and Letters of Limited Administration. Letters of General Administration are issued when the estate is large and complex, and provide the executor with full authority to manage the estate. Letters of Limited Administration are issued when the estate is small, and provide the executor with limited authority to manage the estate.
Washington Letters Testamentary
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FAQ
The short answer is yes, you have to show an accounting unless the heirs or beneficiaries of the estate waive the requirement. And even if they waive it, probate best practice is to show a thorough summary of what was done so you reduce the chance of disputes later on.
Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts
If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.
A: Letters Testamentary are valid until revoked or the probate is concluded and the executor is discharged.
Every family situation is unique, so there is no set time that an executor can expect to work. If you are named to serve in this role, check with an attorney in the decedent's state to find out what to expect.
Under Washington State law, your descendants (aka your children) are considered your heirs, but your heirs do not have to be your descendants. If you die without a will, Washington law requires your assets to be given to certain members of your family, if they are alive at the time of your death.
Obtaining Letters Testamentary You want the Commissioner to appoint you as personal representative of the estate and sign an order requiring the Court Clerk to issue you Letters Testamentary.
Under Washington probate law, any person who has the deceased person's will must turn it over either to the probate court or to the personal representative within 30 days of finding out about the death. And if the personal representative has the will, they have 40 days to turn it over to the Washington probate court.