One of the jobs of a Los Angeles Probate Lawyer is to obtain a document called Probate Letters for his or her client in California. Most people do not know that an executor’s duties do not start until the court issues the probate letters, which is a court form. Probate Letters is issued after the Probate Order. So, no Letters can be issued unless the probate judge has signed the probate order.
What can an executor do with Probate Letters?
An executor can open bank accounts and close bank accounts with Probate Letters. Probate Letters are necessary to rekey a probate home. You must review the Probate Letters to make sure that other boxes relevant to inability to take possession of assets are not marked. With the property court approval or independent powers, an executor can use the Probate Letters to sell property.
What an executor can accomplish in probate, greatly depends on the content of Letters. Depending on whether you have Letters Testamentary or Letters of Administration, the document gives you information about whether or not there is a will. When Letters Testamentary is marked in the form, it means there is a will in existence, and the executor must follow the instructions in the will at the time of the Petition for Accounting and Final Distribution. When there is no will, the designation of Letters of Administration is marked in the document. When you have a Probate Administrator, then administrator then must follow California’s default probate distribution rules, called intestacy laws. California Inheritance Laws are codified in the California Probate Code.
Is a photocopy of Probate Letters enough? No, in most cases, banks, financial institutions, and title companies will require Certified Copies of Probate Letters, and not plain copies. Los Angeles Superior Court’s Probate Filing window can assist you with obtaining certified copies when you present the case number and a fee of generally $26 or more per letters to issue a certified copy to you.
By: Mina Sirkin, Probate Lawyer Los Angeles, who regularly speaks about advanced probate topics such as Probate Letters and their effect on managing probate assets and property in Los Angeles Ca. Contact Mina Sirkin at 818.340.4479 or email here.
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