A letter of testamentary is a legal document, sometimes written before someone's death or issued by a probate court, that gives an executor permission to distribute a deceased person's assets as proscribed in a will. A letter of testamentary, in general, allows the executor to conduct real estate sales, banking transactions and asset distribution per the permission of the court.
Some court systems denote a letter of testamentary as a "letter of administration" or "letter of representation." This legal document serves as proof to banks, individuals and real estate brokers that a particular person or group is allowed to act as an executor of a will. A letter of testamentary along with a death certificate means an executor can act on behalf of a deceased person's estate.
Courts may issue a letter of testamentary as an actual letter or as a certificate. The letter of testamentary needs to be certified and sealed by a court to be official.
Sometimes companies and organizations keep the letter of testamentary on file for their own records. An executor may obtain several certified copies to distribute to appropriate entities. Upon someone's death, an executor may need go before a probate judge to obtain a letter of testamentary by producing a certified copy of a will along with a death certificate.Learn More
When writing a letter to a judge before sentencing, the letter should be written as a business letter in professional form and should highlight the legitimate reasons why the defendant should not go to jail. A letter to a judge should include the judge's full name, title and address, along with the defendants return address, and everything should line up to the left margin.Full Answer >
A clemency letter should be written in a respectful tone and include any important irregularities from the trial or appeals, what state the appellant is a member of and any instances of abuse or other mitigating factors. A clemency letter is written to request a pardon of a convict's sentence, usually for those on death row.Full Answer >
A small estate affidavit form is used by the heirs of a decedent for filing with the probate court and transferring title to assets, such as a bank account, according to Rocket Lawyer. It shows specific information about estate assets and their dollar value and who inherits the property under a decedent's will. If there is no will, state law determines who inherits the estate.Full Answer >
A will is probated in probate court, which is a state court governed by state and local law. The probate court determines the validity of the will and oversees the distribution of the decedent's assets, according to Cornell University's Legal Information Institute.Full Answer >