A letter of testamentary is a legal document, sometimes written before someone's death or issued by a probate court, that gives an executor permission to distribute a deceased person's assets as proscribed in a will. A letter of testamentary, in general, allows the executor to conduct real estate sales, banking transactions and asset distribution per the permission of the court.Continue Reading
Some court systems denote a letter of testamentary as a "letter of administration" or "letter of representation." This legal document serves as proof to banks, individuals and real estate brokers that a particular person or group is allowed to act as an executor of a will. A letter of testamentary along with a death certificate means an executor can act on behalf of a deceased person's estate.
Courts may issue a letter of testamentary as an actual letter or as a certificate. The letter of testamentary needs to be certified and sealed by a court to be official.
Sometimes companies and organizations keep the letter of testamentary on file for their own records. An executor may obtain several certified copies to distribute to appropriate entities. Upon someone's death, an executor may need go before a probate judge to obtain a letter of testamentary by producing a certified copy of a will along with a death certificate.Learn more about Law
The procedure in California probate court involves the executor of a will filing it with the court, confirming the validity of the will, and then filing an inventory of the estate with the court, according to Nolo.com. Once debts and liabilities are settled, assets are then distributed.Full Answer >
Tips for going through probate court include filing the will with the court so that the appointed executor can be officially named by the court, Nolo explains. From there, the executor needs to file a list of property that was owned by the deceased and outline the debts that need to be paid.Full Answer >
The executor of a will collects the assets of an estate, pays outstanding debts and taxes, and ensures that those named in the will receive the property that the decedent specified they should have, according to DoYourOwnWill.com. The executor may also oversee investments of the estate.Full Answer >
A letter of instruction is a document that provides information about a person's wishes upon death. The letter details instructions for survivors in regard to personal and financial matters.Full Answer >