In order to settle a California estate, the personal representative or heir must obtain the court’s permission to carry out their duties. Therefore, they must petition the court for either letters testamentary or letters of administration for this permission. Read on to learn more about letters testamentary and how to obtain an order to administer your loved one’s estate.
In a routine probate proceeding, the court will typically set the first probate hearing about six to eight weeks after the filing of the probate petition. Sometimes, there may be special circumstances where an administrator needs to be appointed immediately. In this case, it is possible to ask the court for emergency Letters of Special Administration in Probate. These emergency Letters will give an individual temporary but immediate authority to act on behalf of the probate estate.
In order to get Letters of administration, a full probate is filed that requests the court to name as personal representative of the estate. The court issues Letters of Administration when there 1) is no will; 2) when there is a will, but the will doesn't name an executor; or 3) the named executor is deceased and there is no alternate person named to act.
Perplexed with how to access safe deposit box after death of a loved one? You are not alone. People commonly use safe deposit boxes to store important documents. As a result, it is not uncommon for people to store their will and/or trust in their safe deposit box. It is also common for a person [...]
Your loved one has recently passed away. Banks and other agencies have tied up the decedent's assets and told you that you need to get "Letters" (Letters of Administration) before they will speak to you or release bank funds. Just exactly what are Letters of Administration and do you really need them? What do you need to do if the bank wants Letters of Administration? Read on to learn more about getting Letters of Administration, when you really need Letters of Administration and when you don't.