What are Letters Testamentary?

What are letters testamentary

To settle a California estate, the probate court will appoint someone to act as the estate’s personal representative. This person is usually named in a will, if there was a will. If there was no will, the heirs can decide who will petition to represent the estate. Once someone has been appointed by the court to act as the personal representative, the Court Clerk will issue Letters. These Letters serve as a type of “driver’s license” for the personal representative to be able to act on behalf of the decedent and decedent’s estate. A California court will only issue Letters in full probate cases, not small estate proceedings.

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By |2018-04-19T20:28:08-07:00April 18th, 2018|

About the Author:

Sandra M. McCarthy, founder of ProbatebyME.com / A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.
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