What is a a testimentary letter

[damomma]

What is the name of your state (only U.S. law)? Florida
I am still having problems getting my sons money from the bank due to finances. They require a fee of $231 for a letter of administration or representative for distribution. The bank says I can use a Testimentary Letter. What is that? Do I need to go to the county courthouse to get one or is it just a notarized letter stating that I am who I am and can get the funds. My name is on the death certificate but that is not good enough for them.

 

[Dandy Don]

You can get letters testamentary soon after filing at the county courthouse probate court, and most courts have simplified procedures for smaller estates. You should be aware that you will need to open up an estate account with this money and that if there are debts by the decedent those may be paid first and you (or the legal heirs) may get what is left over.

 

[anteater]

Have you filed the form for "Disposition without administration" with the court or not?

 

[damomma]

The county court is trying to insist that we go through probate. Have not had the money to try anything. I have been trying to find what type of affadavit I need to do the disposition but have had no luck finding information. By the time I paid court fees and hire an attorney I might as well let the bank keep the money it seems.

 

[BlondiePB]

The county court is trying to insist that we go through probate. Have not had the money to try anything. I have been trying to find what type of affadavit I need to do the disposition but have had no luck finding information. By the time I paid court fees and hire an attorney I might as well let the bank keep the money it seems.

Have you read about the disposition that anteater referred you to twice?

You can read FL's probate under Estates & Trusts at:

flsenate.gov/statutes

 

[anteater]

The county court is trying to insist that we go through probate....

Either there is more to your son's estate than you have mentioned or the court (and I assume that you were talking to a clerk) is taking the path of least resistance.

I have been trying to find what type of affadavit...

I have seen them online. For example:

http://www.sarasotaclerk.com/FileLib/DISPOSITION%20OF%20PERSONAL%20PROPERTY%20-%20COMPLETE%20PACKET%20(FOR%20SALE).pdf

Try entering "Disposition without administration" and the name of the county where your son resided into a search engine.

 

[damomma]

Thank you. A lot of people have had problems with this particular county. No there is nothing in my son's so called estate. He owed back IRS taxes which we already had pwer of attorney to handle for him while he was alive. Have not had a problem with them. That is handled. I am paying the funeral bill. That is already been handled. The other bills were living expenses, elec, such. That was taken care of immediately. There is $910 and change in the credit union and that's it. The court clerk was trying to make his insurance which he left to a minor not naming a guardian but of the estate assets. I know this not to be. That has even been handled. The insurance company will keep the money in an account for my niece with her getting the interest until she turns of age because the court wanted over $400 for a letter of guardianship for her mother to handle the money.(Put it in a bank account for her)I will be paying 6 monthly installments on the funeral which is stretching my finances. If I have a year to file in the court I will do it after that. There is no large amount of money available to me before that. Tried to get a loan and that didn't work. Thanks for the help. I will look on line for the things you are talking about. I found an affadavit on line but really don't know what to put in it. The form was blank and if it is not in the right format I've already been told that it will not be accepted. Okay I looked up the website for disposition. It says I need a copy of the paid funeral bill. That won't be paid until May 2010. I have 6 installments of $750 to make.