Legal Question in Wills and Trusts in California

wills what is legal

my father passed away and we had a will and living trust.

i am trying to get his anuity cashed out. i sent them a copy of the will showing me a exector of the estate.

they said i need a letter of testamentary, is this true?

it is signed by 2 witness. i have been telling them that in california that it is a legal document with out the letter of testamentary. please help. i have many of this bills to pay.

thank you

--name removed--dunn


Asked on 7/25/04, 12:25 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: wills what is legal

The will nominates you as executor of the estate, but a court must appoint you--once it does, through the probate process, you will be given "letters testamentary" by the court showing you are the executor. However, if the estate (bank accounts, property, annuities, etc.) totals less than $100,000, probate is not necessary and you can cash out the annuity by an affidavit, as provided in California Probate Code section 13100.

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Answered on 7/26/04, 12:43 am
Scott Linden Scott H. Linden, Esq.

Re: wills what is legal

Atty. Johnson is correct. Information, and appropriate links, for a small claim estate are available on our homepage at www.No2Probate.com.

Additionally, Letters Testamentary are available through our Additional Links page, select the Decedent Estate Forms link.

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Answered on 7/26/04, 3:04 pm


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