Legal Question in Wills and Trusts in California

Re: letter of testamentary

I am sorry for the loss of your father. If the bank account (plus other assets) totals more than $100k then letters testamentary (or letters of administration) are needed. The difference being "testamentary" means there was a will and "administration" means no will. Those "letters" are obtained from the probate Court usually with the aid of an attorney. If under $100k in assets then you can do a small estate affidavit to get the money. In either case an attorney who is well versed in probate laws can make this very easy for you. I am in my Roseville office as I type this. Please contact me if you want to discuss your case. Email me with your number and I can call you back. -John

Re: letter of testamentary

If your dad's estate (not including accounts that were held in joint tenancy or had valid POD designations) is over $100,000, the bank is correct and you need to petition the court for Letters Testamentary (or of Administration, depending on whether or not your dad had a Will). If the estate is less than $100,000, you can use a small estate affidavit (Probate Code Section 13100) to access the account.

Either way, it's best to consult and attorney.

Re: letter of testamentary

What the bank is telling you is to start a Probate proceeding where you are named as the executor of your father's estate. If this is the case, then, yes, you will want to retain counsel.

Here is the threshold question, what was the total value of your father's estate at the time of his passing? Did he own a home? Do you know how much he had in the bank? In retirement funds? Other assets? If the total value (not including outstanding mortgage amounts, etc) is over $100,000, then you will need to start a Probate. If not, then there is a short-form that you can use instead.

Another question, did yur father have a will? (if only one of these, then again, you will need to start a Probate). Did he also have a trust? (if so, then this is the best way to avoid probate.)

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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