What is the name of your state (only U.S. law)? California My father passed away with a will leaving everything to my mom. The have some bond accounts which were in both their names, because he has died she can now cash them in before maturity and at the price paid (they are worth less now than what was paid). We went to the county court to get the Letter of Testamentary that we were told was required and was told we needed an attorney and go through probate since the estate is valued at more than 100,000. This doesn't sound right to me. Does she really need the Letter of Testamentary to take control of assents that are hers in the first place and I thought surviving spouses avoided probate because of community property.