What are letters testamentary?
Letters testamentary are court-issued documents (similar to a power of attorney) where the listed executor is given Letters of Testamentary after being authorized by the court and having taken an oath. Letters Testamentary list who is authorized to act on behalf of the estate – the person who has died.
How do I get Letters Testamentary?
To obtain Letters Testamentary, you must be the listed executor in a will. You will need to retain a lawyer or law firm to represent you through the probate of the estate. Your attorney will file an application for administration and issuance of letters testamentary will a probate court and then set a hearing to have you appointed as executor/executrix.
How Many Letters of Testamentary do I get?
We generally order 10 Letters Testamentary and they are ready when you are appointed as executor. We can order more before the hearing or we can order more if you run out or misplace the Letters Testamentary. The court currently charges $2.00 per copy of a Letter of Testamentary.
Letters Testamentary versus Letters Administration
Letters of Administration are the same as Letters of Testamentary except that Letters of Administration are when there is no will or the administrator is not listed in the will as an executor.
What is the process to get Letters Testamentary?
If you are named as an executor in a will and want to learn more as to what you need to do, contact us at the Oxner Legha Law Firm by either sending us an email or giving us a call.
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