Legal Question in Wills and Trusts in California

In situations like yours, financial institutions commonly respond as Wachovia has, but the document they are asking for might not be necessary. The document they refer to is called Letters Testamentary and is issued by the court after you file a probate petition. In the Letters, the court would presumably appoint you as the Administrator of your husband's estate. In some cases, this is avoidable. If you were my client, I would first examine the deed to your house. Depending upon how ownership is listed on the deed, there might be a much simpler, faster and far less costly way to resolve Wachovia's concerns than to automatically begin probate proceedings. An experienced attorney can see that all is done properly. Let us know if we can help.

Moreover, as his surviving spouse, this really should not be necessary.