What Are Letters?

When we talk about "letters" in the context of probate, we're referring to a legal document issued by the probate court. This document gives the appointed person legal authority to administer the decedent's estate. There are two main types: Letters Testamentary and Letters of Administration.

Letters Testamentary

Letters Testamentary are granted to the executor named in the deceased person's will, giving them the legal authority to administer the estate, once appointed. They allow the executor to manage the decedent's assets, pay any debts or taxes, and eventually distribute the remaining assets to the beneficiaries as per the will's directives.

For example, let's consider a hypothetical situation where Mr. Adams, a resident of California, passes away leaving a will. In his will, he names his daughter, Linda, as the executor. Linda would need to obtain Letters Testamentary from the probate court to formally step into the role of managing her father's estate.

Letters of Administration

On the other hand, Letters of Administration are issued when the deceased did not leave a will (died intestate), or the will did not name an executor, or the named executor is unable or unwilling to serve. In such cases, the court appoints an administrator and issues Letters of Administration to them.

Consider an alternate scenario where Mr. Adams did not have a will at the time of his death. In this case, the court might appoint Linda as the administrator of her father's estate and issue her Letters of Administration.

The Process for Obtaining Letters

The process to obtain Letters Testamentary or Letters of Administration involves several steps:

• File a Petition: The prospective executor or administrator must file a petition with the probate court in the county where the deceased lived. This petition has several requirements, which might also include providing a copy of the death certificate and the original will (if available).  Each county has different local rules, and it is imperative to observe them. 
  
  

• Notice of Hearing: After receiving the petition, the court will schedule a hearing. The petitioner must give notice of this hearing to all interested parties, which typically includes all named beneficiaries and heirs and any known creditors.
  
  

• Probate Hearing: During the hearing, the court confirms the validity of the will (if one exists) and admits it to probate, and then approves the appointment of the executor or administrator.
  
  

• Issuance of Letters: Once the court appoints the executor or administrator, it issues Letters Testamentary or Letters of Administration, respectively.

The Costs of Getting Letters

There are court fees associated with obtaining Letters Testamentary or Letters of Administration, though these can typically be paid from the estate's assets. The costs can vary by county, so it's advisable to check with your local probate court for the most accurate information.

Are Letters Necessary When There is a Trust?

When a valid living trust holds the decedent’s assets, it generally avoids probate, and thus, Letters Testamentary or Letters of Administration are usually not required. The successor trustee named in the trust document has the authority to administer the trust's assets.