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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37387
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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How do I get a "Letter of Testamentary" in California?

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How do I get a "Letter of Testamentary" in California?
Good afternoon,

If you are the executor listed in a will, you can get a letter testamentary by taking the will to the local court clerk for the probate department of the court and filing a probate petition. File the petition in the county where the deceased was living at the time of death. The court establishes the validity of the will and verifies that you have authority to act on behalf of the deceased according to the will. The court then issues a Letter Testamentary authorizing you to act. Be sure to get multiple certified copies of the letter testamentary so you can deal with banks and others.


I wish you well.

Best regards,

Doug

Customer: replied 8 years ago.
Doug, My son did not have a will. His estate is no more than $5000. He never was married or had children. I am is mother. Since you mentioned having a will is there still a way I can obtain a Letter of Testamentary?
Good afternoon,

I'm sorry for your loss.

Since there was no will and because of the assets of the estate you should be fine using an AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY. You should not need Letters Testamentary. Here is a link to a site where you can see the format of the affidavit. Prepare the form by filling in the appropriate information, have it notorized, and take it to the court.

http://www.riverside.courts.ca.gov/localfrms/fillableforms/f02.pdf

I wish you well.

Best regards,

Doug

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