Letter of Testamentary

[mlpierce]

Thought the estate was tied up. Most everything in trust. Found out i overlooked an account(Salomon Smith Barney) which had gone dormant from lack of activity. The entire estate under $500,000. Salomon wants affidavit of domicile (seems easy enough) and a letter of testamentary. The value of the account is 8,600. Can and should i try to do this myself? Why are they having me do this now??? Parents have been deceased for over 3 years. I am the trustee and the only heir. Also my parents lived in Santa Rosa California but my mother died in Sacramento County. Where do I file this in Sonoma County of Sacramento? My father died in Sonoma County. The account is in both their names. In the past a copy of death certs and trust docs has been enough


[Edited by mlpierce on 07-09-2001 at 07:51 PM]

 

[advisor10]

JULY 10, 2001

DEAR MLPIERCE:

Please answer a few questions in order to clarify your situation.

(1) In whose name (or names) is the account listed at Salomon Smith Barney?

(2) Did both of your parents have a last will & testament?

If the person who was named on the account had a will, then it is the executor of that person's estate who has the official responsibility and authorization (by already having the letters testamentary) to claim this money. If they had no will and there was no executor or personal administrator/representative, then you will need to file a form or petition with the probate court (in the county where the deceased account owner's death occurred) to be named executor/personal administrator and then would receive the letters testamentary.

SINCERELY,

[email protected]

 

[advisor10]

JULY 10, 2001

I mistakenly overlooked the fact that you had already mentioned the account owner's names.

If there is no executor already, the letters testamentary could be obtained from whichever county you prefer, as this really makes no difference.

SINCERELY,

[email protected]