Letters Testamentary or Letters of Administration are the key in a California probate case. Testamentary means the Personal Representative (or “Executor”) is named in the will to serve. When the Letters are “of Administration” that means there was no will or that the person was not named in the will to serve. The latter more accurately would be called “Letters of Administration with will annexed.”
Getting “Letters” issued by the Court is the key that unlocks the probate world. That is the one document that allows the Executor or Administrator to stand in the decedent’s shoes and transact all business on their behalf.
Getting all your documents (proposed Order, bond if required, waivers of bond if going that direction, and the proposed letters) in order is the job of your California probate attorney. Having an organized lawyer is important for getting this done promptly and efficiently.
Since the 4 month probate period doesn’t start until Letters issue it’s additionally important to have them issue as soon as possible. Get the clock ticking!
Contact me with questions about your probate situation! -John