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I was just informed that I need to get Letters of Testimentary for my Uncle's estate. I have a Letter of Personal Representative from my father. He is my Uncle's only living sibling. My Uncle died intestate and as requested prior to this death, I am handling everything. What will I need to take to the court in order to get this Letter of Testimentary? I have the original death certificate, where my name is listed as providing the information, as stated before, I also have the letter of personal representative from my father. Should I also bring my birth certificate and ID.

Submitted: 234 days and 7 hours ago.

Category: Estate Law

Value: $30

Status: CLOSED

Quincy, Massachusetts

Already Tried:
My uncle died in Hayward CA and I live in Massachusetts, I was told that I would be able to handle this at my local probate court. I just want to be sure.

Posted by lwpat 234 days and 7 hours ago.

Answer

You will need your birth certificate and ID. You cannot handle it at your local probate court. The estate will have to be opened in CA where your Uncle resided. There is a small estate affidavit you can probably use located here:

http://www.saclaw.lib.ca.us/Uploads/files/forms/AffidavitCollectionOfPersonalProperty_08.pdf

Call the probate court in his county and the clerk can forward to you any forms that you need.

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

234 days and 7 hours ago.

Reply

There is no real property involved. My Uncle had an IRA account with Charles Schwab and it is valued at more than the $100,000 which is allowed with the small estate affidavit. I had previously provided this form along with all the other required documentation to Charles Schwab. I spoke with Charles Schwab and they are the ones that told me I would be able to get these letters at my local probate court. In Massachusetts you can probate an estate for an out of state person according to the following. "When any person shall die intestate in any other state or country, leaving estate to be administered within this state, administration thereof shall be granted by the judge of probate of any county, in which there is any estate to be administered; and the administration, which shall be first lawfully granted shall extend to all the estate of the deceased within the state, and shall exclude the jurisdiction of the probate court in every other county. Rev. Stat., ch. 64, s. 3. See 3 Mass. 514; 5 Mass. 67; 11 Mass. 256 Id. 314; 1 Pick. 81."

I just need to know what I will need to bring.

Accepted Answer

But is it an estate in Mass.? If his residence was in CA and that is the address on the account, it is not an estate in Mass. You can try it but I don't think it will work unless you can get the address changed.

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

Accepts:
Expert:	lwpat
Pos. Feedback:	98.7 %
Answered:	4/1/2009

Attorney

Practicing attorney with extensive experience in wills, estates and trusts

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Quincy, Massachusetts

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My uncle died in Hayward CA and I live in Massachusetts, I was told that I would be able to handle this at my local probate court. I just want to be sure.

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Quincy, Massachusetts Already Tried: My uncle died in Hayward CA and I live in Massachusetts, I was told that I would be able to handle this at my local probate court. I just want to be sure.

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Related Estate Law Questions

Quincy, Massachusetts

Already Tried:
My uncle died in Hayward CA and I live in Massachusetts, I was told that I would be able to handle this at my local probate court. I just want to be sure.