Legal Question in Wills and Trusts in Minnesota

Letter of Testimentary

Could you please explain to me what the difference is between a letter of testimentary or a letter for a personal representative to handle a persons affairs that had no one appointed. The bank is asking us to get one of these to close out a bank account that had no one except the deceased person on the account. which letter would you recommend the family doing?


Asked on 10/11/04, 10:29 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Letter of Testimentary

I have a notion that you may be talking about an Affidavit for Collection of Assets. Those can be used when the probate assets are $20,000 in value or less.

My guess is that the estate is really small and the banker wants an affidavit. Otherwise, the only way to get letters testamentary is to open a probate court file.

You may need to consult a lawyer on this.

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Answered on 10/11/04, 5:23 pm


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