Legal Question in Wills and Trusts in Texas
Testamentary Letter
I need to know how to go about getting a Letter of Testamentary. My father passed away this passed December and left no will. I have received a check for a minimal amount in his name for a refund on a newspaper subscription and tried to deposit to his bank account and the teller would not allow me to do so without a Letter of Testamentary. Please advise as to how I can get one.
2 Answers from Attorneys
Re: Testamentary Letter
You need to go through probate first and should consult with an attorney on this.
www.andrewtraub.com
Re: Testamentary Letter
Letters Testamentary are issued after an estate has been entered into probate and administration is required. Since there was no will, the administration most likely would be a dependent administration. That's where everything done is subject to court supervision.
The probate process starts with an application to determine heirship. The process, all told, may run into a few thousand dollars. Is your father's estate worth that expenditure?
It would be worthwhile to speak with a probate attorney, since sometimes there are less expensive ways to arrive at a proper conclusion.
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