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  1. #1
    Daves is offline Junior Member
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    Letters Of Testamentary

    What is the name of your state?california

    I am the Personal Rep for my Mother's estate in South Carolina. I open an estate account there and use it to pay bills that came in after her death. I want to open a money market account here in California to deposit checks made out to her estate for the sale of her house and assets and earn some interest until probate ends in July. The local bank said I need a letter of testamentary from the local court. Is this something I can do or do I need to see a lawyer and also pay probate fees all over again?

    Thanks
  2. #2
    seniorjudge is offline Senior Member
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    Quote Originally Posted by Daves
    What is the name of your state?california

    I am the Personal Rep for my Mother's estate in South Carolina. I open an estate account there and use it to pay bills that came in after her death. I want to open a money market account here in California to deposit checks made out to her estate for the sale of her house and assets and earn some interest until probate ends in July. The local bank said I need a letter of testamentary from the local court. Is this something I can do or do I need to see a lawyer and also pay probate fees all over again?

    Thanks
    It is letters testamentary and this is lawyer gobbledygook for the probate court's order showing that you are the personal representative of the dead person's estate.

    Go to the court where the probate is going on and get a certified copy of the order and then show it to the bank.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    Daves is offline Junior Member
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    Letters Testamentary

    I have taken the Certificate Of Appointment from the South Carolina Probate Court to the local bank but they re insist I need a letter testamentary from the California Court. Seems like a double wammy to me and I don't want to pay another probate fee and the hassel of filling out the form if its not really required. Not sure what I can do about it but maybe just send the checks back to the estate account I set up in SC?
  4. #4
    seniorjudge is offline Senior Member
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    Quote Originally Posted by Daves
    I have taken the Certificate Of Appointment from the South Carolina Probate Court to the local bank but they re insist I need a letter testamentary from the California Court. Seems like a double wammy to me and I don't want to pay another probate fee and the hassel of filling out the form if its not really required. Not sure what I can do about it but maybe just send the checks back to the estate account I set up in SC?
    It sounds like the bank wants you to set up an ancillary probate estate in California which is nothing but time and trouble (not to mention money).

    If there is any way you could operate just with a South Carolina bank, that is what I would do.

    Your call....
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    Daves is offline Junior Member
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    Thanks for the advise. Think I will do that and call the SC Bank in the morning.

    Rgds

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