Legal Question in Wills and Trusts in California

Letters of Testamentary - Los Angeles, California.

I am the successor trustee and beneficiary of my late partner's trust. His bank accounts were not set up as a trust while he was living. The bank requires Letters of Testamentary in order to transfer the funds from his accounts into a trust account after death.

What is the process of filing the Letters of Testamentary with the courts in Los Angeles, and the timeline involved? Is this just a matter of taking the document to the courthouse for recording, or is there a period of waiting for approval after submission? Thank you


Asked on 6/13/15, 11:44 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Your first step is to ascertain whether all the non-trust assets (not including joint tenancy or accounts with valid beneficiary designations) add up to more than $150,000. If not, probate may not be necessary; the accounts can be accessed with a small estate declaration under Probate Code Section 13100. If so, a Petition for Probate, with Letters, Notice, proposed Order, etal, must be filed. This is a fairly complicated procedure, and I recommend that you retain an attorney. If you are hell-bent on doing it yourself, get a Nolo Press book/software to assist you with the process. (Hint, yes, there is a lot of waiting.)

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Answered on 6/15/15, 8:38 am
William Christian Rodi Pollock

If you are required to do a full probate, it may take you 9 months to a year to complete the full process. You should look for alternatives, such as the small estates affidavit or a Heggstadt petition. You should seek counsel with expertise in this area to assist you as to the most effective procedures under your circumstances. Look carefully at how all other assets are titled. Especially real estate, investment accounts adn business interests.

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Answered on 6/15/15, 9:30 am


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