Letters of Testamentary

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What Is a Letter of Testamentary?

When probating a will, it is necessary for one person to be appointed as the executor who will oversee and regulate the process. This person is usually mentioned specifically in the person’s will. Generally speaking, this person must obtain a letter of testamentary which provides legal documentation and proof that they are in fact the executor of the estate. This will be used when the person is dealing with banks, beneficiaries, creditors, and other parties who are part of the probate process.

How Can I Obtain a Letter of Testamentary?

Letters of testamentary must be obtained in person, as they generally are not available through online forms. They are typically issued by the probate court which will be handling the will documents. The executor or administrator needs to bring various documents with them, namely, the will documents and a valid death certificate of the deceased person.

It is important that the executor obtain the letter of testamentary This will help when it comes to performing their tasks, and may protect against executor liability.

What If I Have Any Legal Issues regarding Estate Administration?

Many legal issues can arise during the probate process. For instance, there may be will contests, disputes over property distribution, tax issues, and various other conflicts. In most cases, the estate executor can handle certain issues as long as doing so is within the authority granted to them under the will and according to the letter of testimony. However, larger or more serious conflicts may require additional litigation or lawsuits.

Do I Need a Lawyer for Help with Any Estate Administration Issues?

Letters of testamentary are very important for estate administration purposes. You may wish to hire an estate lawyer if you need help obtaining or verifying a letter of testamentary. Your attorney can provide you with legal advice and representation when it comes to the probate process. Also, if you encounter any legal conflicts, your attorney can provide you with guidance during court hearings or during additional litigation.

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Last Modified: 08-25-2014 06:11 PM PDT

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