Legal Question in Wills and Trusts in California

Re: How does executor of estate get letter testimentary?

If estate is under $100K then you will only have to get a certified copy of death certificate and a declaration. Call me directly at 16192223504.

Re: How does executor of estate get letter testimentary?

Sorry to hear about your loss. To get Letters Testamentary, you need to file a petition for probate in the county where the deceased lived. Therefore, you will need a California lawyer to assist you. Please let me know if I can help.

Robert Mansour, www.MansourLaw.com

Re: How does executor of estate get letter testimentary?

From the facts given, you need to initiate probate proceedings ASAP. Since the decedent was located in California, you definitely want to retain legal counsel in California. For prompt, affordable assistance in this matter, contact us directly this week for a free phone consultation. We deeply empathize with your personal and legal situation, and will assist you any way you need us.

Re: How does executor of estate get letter testimentary?

It depends! If total assets are less than $100,000 then you can avoid a full probate by using the procedures in California Probate Code Section 13100. If above $100k then a full probate is needed and you will have to file for Letters Testamentary. You do not have to have an attorney but a good probate attorney will make life MUCH easier for you. We do a lot of work with people all around the country who have probates in California so we are well suited for helping people like yourself. If we can be of assistance please don't hestitate to call. Best of luck to you.

Re: How does executor of estate get letter testimentary?

I am sorry to hear of your father's passing. You may be able to get the funds from your father's bank without involving California courts. This depends on whether the amount in his bank accounts and other assets you are trying to change over are less than $100,000. If they are, California has a procedure called a Small Estate Affidavit that most banks will honor provided that the requirements of the corresponding Probate Code are met.

If you like, you can send me an email directly for more information at [email protected]

I hope this helps.

Re: How does executor of estate get letter testimentary?

If his entire estate does not exceed $100,000.00, there are non-probate ways to change title to the property so it can be disbursed. If over $100,000, you will need to open probate in order to get letters to administer the estate.

Feel free to call with any questions.