Letter of Testamentary

[tcamacho]

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.

 

[latigo]

No, it doesn’t sound right. Mainly because much of what you were told at the courthouse is not correct.

For instance Letters Testamentary are only issued upon a will being admitted to probate. (Letters of Administration where there is no will.)

Here there may be some limited probate court involvement, but getting the securities account in your mother’s sole name will not require a lengthy probate administration of her husband’s estate.

California, like other community property states, provides a much quicker and simpler process.

California Probate Code Sections 13650-13660 will permit your mother to file a petition with the superior court requesting an order vesting in her his interest in all of their property that was acquired and held as community property.

If you choose not to go through an attorney, you will find the necessary forms by “googling” California Court Forms. Click on probate and go to forms DE-221 and DE-226.

Sax

 

[BlondiePB]

For instance Letters Testamentary are only issued upon a will being admitted to probate. (Letters of Administration where there is no will.)

This is not true in all 50 states, Sax.

 

[Dandy Don]

Sometimes the court clerks know what they are talking about and sometimes they don't. Consult with a local probate attorney to figure out your options.