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To obtain Letters Testamentary, the deceased must have left a Will and you must file the Will along with an appropriate petition in the Probate Court. If the Deceased did not leave a Will, then you would use a different process and receive a different order called Letters of Administration.
Definition of LETTERS TESTAMENTARY: (noun) / under New York law, the name of the official document appointing a person named in the will to act as the representative (executor) of an estate where the decedent has died testate (with a will)
The first step is to file a petition to open probate with the court. The court will appoint an executor if someone is listed in the will. If there is no will, the court will appoint a personal representative. They both perform the same job.
Requirements: To begin the process, a Petition for Letters of Administration must be filed with the Court. The Initial Filing Fees must be paid upon filing the petition. Any interested party or heir can file the Petition for Letters of Administration.
If no objection is filed within the relevant time frame (typically 30 days), the Court will issue Letters of Administration to the applicant, after he takes an oath, and he will be authorized to act on behalf of the estate with many of the same powers delegated to an executor under Georgia law.
Letters testamentary are documents that a probate court delivers to the executor of the deceased's estate to enforce the terms of the deceased person's will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
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.
Place your name, address and phone number at the top of the letter, followed by the date, then the name, address and phone number of the individual or agency handling your deceased relative's estate.
To get a grant of letters of administration, you have to submit an application to the probate registry. These are the essential steps involved in getting a grant of letters of administration: Consult a probate specialist to discuss the details and value of the estate. Apply for the application.
Depending on the Court's schedule, Letters can be issued in as little as 30 days, but the entire Probate Proceeding can take as little as 4 months to sometimes years, depending on the complexity of the Estate.