Letter of Testamentary

[robinb]

What is the name of your state (only U.S. law)? Illinois
Can my sister, the executor, obtain a Letter of Testmentary if no probate case has be opened? Our mother's will was found 4 years after her passing. Everything had been administered informally according to the only will we had which was a joint will between mom and dad. The estate was valued under the minimum for probate in Illinois. Everything was distributed and dispensed with except for one item. Can she obtain the letter for the bank without going through probate?

 

[anteater]

Have you or your sister looked into using a small estate affidavit?

The total amount of personal property in the estate must be worth less than $100,001;

The decedent did not own any real estate;

A probate court has not issued any "letters of office." No application for letters of office can be pending or contemplated. A letter of office is issued by the probate court to the executor of an estate (as named in the will, if any) and gives the executor the authority to distribute the estate;

If there is a will, it must be filed with the clerk of the probate court. The affiant must believe that the will on file with the court is valid and is the decedent's last will. The will should be filed within 30 days of the decedent's death;

The affiant must not be aware of any disputes or conflicts relating to the will or to the heirs of the decedent; and

There are no outstanding unpaid claims or contested claims against the decedent (other than those related to funeral expenses).