Legal Question in Wills and Trusts in Pennsylvania

i need to get an example of a letter showing i am executory of my moms estate?


Asked on 7/26/10, 8:34 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

What you will need is formally called "Letters Testamentary" if she had a will, or "Letters of Administration" if there was no will. The "Letters" are the official appointment of a person to administer the estate. A petition is filed with the Register of Wills office for the county where she resided. That office has the necessary forms, and will instruct you [but not give you legal advice] of what you have to take to the office in order to complete the forms and get letters issued to you.

If there is a will, it probably appoints an executor - that is the person who should apply.

If there is no will, then close relatives are eligible to be appointed as the administrator. If there are other heirs [your siblings, a surviving spouse], they may also be entitled to be appointed. It is more efficient and economical if not more than 2 people who are able to cooperate act as the administrators.

There are other duties of the person administering the estate. The Register of Wills office will give you a package of forms to start that process. You probably should engage an estates lawyer to advise and help guide you through the administration.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/26/10, 1:04 pm

No, you don't need an example. You need to consult with an attorney to guide you through the process of probate. The form you are referring to is called a letter. If there is no will, then application is made to the court for what is called "Letters of Administration." If there is a will, then "Letters Testamentary" are issued. In either case, the letters go to a person who is called the personal representative or executor, not "executory.". His or her job is to ascertain what the deceased owned, what she owed and to distribute the assets remaining after the payment of any claims to the heirs as per the intestacy law if there is no will or per the will.

Nobody is willing to deal with you if you do not have letters, like a life insurer or a bank. While you can administer the estate by yourself if it is very simple, I strongly encourage you to get an attorney as you may find the probate process to be overwhelming. You do not indicate where you mother resided at the time of her death. You should find an attorney in the county/state where your mother lived. Contact your local bar association and get a referral to a probate attorney or search on Law Guru for an attorney.

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Answered on 7/26/10, 4:10 pm


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