LETTERS TESTAMENTARY-ALABAMA

[DENIS PORTER]

My mother died last year and left behind three (3) children to share and share alike her estate which consists of a home and personal property in the home. She prepared a will several years ago which clearly describes her intent to evenly distribute her estate ("all worldly possessions")between the three (3) children, who are my brother, my sister and I. My sister, the first born child is the executrix of the estate.
Shortly after my mom's death, we hired an attorney for the purpose of properly probating her will. This was done in
November, 2000.
In February, 2001, we received by mail two (2) original copies of LETTERS TESTAMENTARY. These documents are both notarized by the Chief Clerk of the Court, and signed by the Probate Judge. These letters appear to authorize my sister, as personal representative of this estate...."to administer the estate..., and ..."has all the powers authorized in transaction under ...Code of Alabama..."Does this mean that the probate of this will is completed?? May we proceed with the sale of this property if we so desire??

 

[advisor10]

MAY 24, 2001

DEAR DENIS:

Was it the court who sent you the LETTERS TESTAMENTARY? These letters should properly go to your sister (the executrix), since these papers give her the legal authority to handle your mother's financial affairs (claiming all her assets, getting title to the real estate properly transferred to reflect the correct current owners, etc.).

This only means that the probate process has just begun, and may take a few more months to complete. You can proceed with the sale of the property, but it is your sister (the executrix) who should be overseeing the sale and she will probably have to sign any documents relating to the sale.

If she needs guidance about her duties as executor, she should check out a book at the library about this topic and she should also consult with the attorney you all hired back in November 2000.

SINCERELY,

[email protected]