Legal Question in Wills and Trusts in Florida

letter of testimentary

How is this issued and what is needed


Asked on 7/15/07, 9:48 am

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: letter of testimentary

A probate filing by a Florida lawyer

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Answered on 7/15/07, 10:24 am
Scott R. Jay Law Offices of Scott R. Jay

Re: letter of testimentary

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In Florida, we call this Letters of Administration. The Letters are issued by the Court after a probate has been filed and a personal representative is appointed. The Letters authorize the personal representative to act on behalf of the estate. You should contact a probate attorney to work with you in filing the estate.

Scott R. Jay, Esq.

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Answered on 7/15/07, 12:22 pm
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: letter of testimentary

You need to go to probate court and a letter to the judge. If you need assistance come see me.

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Answered on 7/20/07, 2:13 pm
Keith Engelke Law Office of S. Keith Engelke

Re: letter of testimentary

In Texas when a will is filed for probate, the court swears in the executor of the estate and issues one or more docuemnts, each called "letters testementary" to the executor. The executor can present one of these documents to prove that he is indeed the executor of the estate and has the power to act in place of the person who died.

In Texas, if there is no will and the estate is being administered by a court, an administrator is appointed and is issued "Letters of Administration" which sereve the same purpose as letters testementary.

In the case of a guardianship, the court issues letters of guardianship.

Hope this helps.

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Answered on 7/16/07, 1:50 am


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