Letters testamentary is a court order which is issued by the probate court. This order legally entitles the executor to act on behalf of the estate and administer the will. The term “letters” can be misleading for some. In the context of letters testamentary, the term “letters” does not refer to any kind of correspondence or something that would be sent by mail, but rather a court-issued certificate or document identifying the person authorized to handle the estate of a deceased person.
Most financial institutions and other entities will require a copy of the letters testamentary before they will grant the executor any information about or access to the decedent’s assets. This court order is proof to all institutions that the executor has legal rights to administer the will, as well as authority to the accounts.
How to get a Letters Testamentary
Letters Testamentary can’t simply be drafted by an attorney and sent for signing – a court with jurisdiction over the deceased person’s estate must grant Letters. The best way to get to court as quickly as possible is to work with an attorney experienced in probate law. A good attorney will help with the necessary paperwork and should be able to help settle any nerves you may feel about going to court. No two cases involving Letters Testamentary are the same. It is best to work with an attorney that understands and has experience with the intricacies that can be involved.
If you need assistance with obtaining letters testamentary, contact us at the Barrera Law Firm to help assist you in this process.
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