Full question:
My husband passed away. We have a living trust. Some institutions are requiring a Letter of Testamentary. I don't know what to do to get one. I can't seem to get to the correct dept at the court house. Am I on the right path? Please help. This process is draining me.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: California
Answer:
The need for a Letter of Testamentary depends on the nature of the assets. If your husband's assets are in a living trust, they typically pass outside of probate. However, if there are assets that are not part of the trust or that do not have a designated beneficiary, you may need to go through probate.
When a person dies, their assets are distributed through the probate process. If there is a valid will, you must file a petition with the probate court in the county where your husband lived to request Letters Testamentary. This document gives the executor the authority to manage the estate. If there is no valid will, the court will appoint an administrator to handle the estate according to state intestacy laws.
If the estate is small (in California, if the total value is under $100,000), you might be able to use a small estate procedure or an heirship affidavit instead of going through formal probate.
For assistance, consider contacting the probate court directly or seeking help from a legal professional who can guide you through the process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.