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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need a letter of administration deceast son

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I need a letter of administration for my deceast son
Submitted: 6 months ago.
Category: Legal
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about your loss. A letter of administration is not provide by an attorney, but by probate court. When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name. So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration. This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names. If there was a Will, the beneficiaries are decided per the Will. If there was no will, the beneficiaries are decided by default succession law of the state. So you will have to initiate a probate process with the local court. There are several types of probate, and for a Letter of Administration, you'd need to file for small estate administration. If you tell me what COUNTY this is in, I can tell you where to file and possibly provide a template. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
We live in Harris County Texas
Expert:  Ely replied 6 months ago.
Thank you. There is no need for you to open up a new question. The other one was closed as a duplicate. Please allow me a minute to find the pleading for you.
Expert:  Ely replied 6 months ago.
See HERE for more on small estate administration.For the pleading to initiate, see HERE. You are looking for the Application of Determination of Heirship and For Letters of Administration. Other pleadings will be necessary as well, however. Using counsel is BEST. Good luck. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 6 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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