Testamentary letters give the executor authority to handle requests in a will and are issued in probate court. They allow access to bank accounts, transfer utilities, distribute assets, and pay taxes and debts.
Testamentary letters are legal acts, called deeds, that give the executor the authority to handle the requests made in the will. These documents are normally issued in probate court and often also spell out the responsibilities of the executor. In some regions, testamentary letters are called administration letters, especially when there is no valid will.
To receive will letters, the probate court must typically appoint an executor for the estate. The executor is usually named in the will, but if he isn’t, the probate judge chooses someone for the role. When first appearing in court, the executor normally provides information about the deceased’s family and others who are named in the will. It also usually provides information on the approximate value of the deceased’s estate.
After the wills have been signed by the probate judge and collected from the court clerk’s office, the executor typically has certified copies made for delivery to the deceased’s banks and other financial institutions. In some cases, a copy of the death certificate must also be provided. Copies of death certificates can usually be obtained from government agencies that track births, marriages, and deaths. It is also sometimes possible to obtain a copy from the funeral home that handled the funeral arrangements.
The letters are commonly used to give the executor access to the bank accounts of the deceased so they can wire the funds into an estate account. If the executor and the deceased shared a joint account, it may still be best to open a separate account strictly for the estate, so that withdrawals and deposits can be accurately tracked. Depending on the region, an executor may need to obtain a tax identification number to open the bank account.
Letters of will may also allow the executor to have utilities, such as electricity and water, transferred in the name of the estate. Once these utilities have been transferred, the executor normally has the authority to shut them down as well as make any payments due.
In addition to giving the executor of the estate the right to administer the finances of the deceased, wills typically also give the executor the authority to distribute assets to the beneficiaries named in the will. He or she can also work with creditors to pay current and past due taxes or hire an attorney to represent the estate if legal advice is needed. In addition, they also allow the funds to be used to pay off mortgages, property taxes and maintenance costs for the deceased’s home.
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