Getting Letters Testamentary | Minnesota Probate Law

On Getting Letters Testamentary

If you’re the executor or personal representative for someone else’s will, you’re probably going to need the letters testamentary as soon as possible. That’s almost a guaranteed notion.

You’ll find the reasons why and how to get a copy down below. When someone asked you to be their executor, they might have neglected to inform you of all the paperwork that you need to do and have. It might not be their fault as they could have been unaware. The death certificate should be a given, but there are a few other documents that you’ll need to finish handling their estate.

Probate law involves more than simply giving away assets, accounting for them, and making sure the beneficiaries are content. There’s also all of the legal steps that need to be taken to ensure that everything is carried out properly.

Meeting the legal qualifications to be an executor may mean nothing if the probate court won’t give you permission to carry out your duties. Though, this article may give you a way to remedy that situation.

Defining What You’re After

For starters, the document that you’re after isn’t something which you can create by yourself. This document comes from a probate court and is officially issued to you by the former party. The name of the document itself may even confuse you as rather than it being multiple documents, it’s just one document. It’s simply a page that’s vital to the executor.  If you’re the executor, this should be top priority for you.

Don’t judge this document by its page length or lack thereof. Apart from it, you’re probably going to have a hard time. It works conjointly with the deceased’s death certificate, allowing the executor to legally deal with the property. It’s the executors VIP pass to getting into any of the deceased’s bank accounts and handling the assets that lay inside. An executor shouldn’t assume that they’re able to do anything probate-related until they have the letters testamentary within their possession.

Getting Letters Testamentary | First Step Towards Probate

Besides this document being top priority, it should also be one of the executor’s first priorities. This cannot be emphasized enough. It’s important to have this in order to properly validate the deceased’s will. This sole sheet of repurposed tree skin has the power to get into someone else’s checking accounts and prove whether or not their will is legitimate.

Though, that isn’t to say that you can just walk into a probate court and expect them to hand you a letters testamentary. There has to be some kind of precaution to prevent dangerous folks from getting a hold of a deceased person’s assets.

You’ll need to know some propate-related information such as the deceased’s date of death as well as their estate’s value. Two other documents are, moreover, incredibly important. The aforementioned death certificate and the will are what you should locate and acquire, presuming that there was a will in the first place. Other paperwork in the form of forms will also need to be filled out. You’re supposed to complete those in order to ask for the letters testamentary. So, if you want to get the letters testamentary today, you’ll probably need to have all of the aforementioned info and paperwork.

Letters Without a Will

In this circumstance, without a will, there is a way. You’re now dealing with a situation referred to as dying intestate. This might mean that being an executor may not be an option. Not everyone makes a will before they pass away.. You must, of course, check to see if there isn’t a will hidden somewhere. Otherwise, once you’re sure that a will was never put into writing or cannot be found, it’s probably time to get the court to appoint an administrator. They’re the person who handles things in place of an executor. They go into action when a will isn’t there to give the executor their abilities.

Compared to their will-empowered doppelgangers, administrators aren’t as dependent on possessing a copy of the letters testamentary. Depending on the state in which the case is being handled, they might get a letter of administration. It practically serves the same function of a letters testamentary, allowing the administrator to get their job done. They may never need to see or obtain a letters testamentary in their entire life. Of course, whoever is dealing with the assets should check with the probate court and their lawyer to make sure that they have all the official documents that they actually need.

Executors (Personal Representatives) Only

Though an executor acts as an emissary for the deceased, that doesn’t mean they can have someone else obtain the letters for them. Probate courts are supposed to award letters testamentary to executor. It should go without saying that the person has to qualify to act as the executor before they can really do anything. The deceased may have benevolently elected someone. Though, that doesn’t mean they get to jump right into their position.

If the candidate is incapacitated and/or they’ve been convicted of a felony, that person’s most likely out of the running. States can have their own laws regarding who can and can’t be an executioner. That said, as long as they’ve lived for eighteen years and they meet the previously mentioned requirements, they should be able to get the job. They should also probably be informed of the gravity of the matter.

Their task is to deal with nearly every asset that somebody else used to own. It’s cleanup for bank accounts, possessions, and just about anything else.

Getting the Letters Testamentary

Starting and completing the probate process can be an uphill climb. Whether it’s figuring out what documents you need or dealing with all the little things that come up, you can always seek guidance from the law firm of Flanders Law Firm LLC.

A probate attorney can work out your issues and make the process easier on you, your family, and other beneficiaries. Family disputes can be difficult to go through, but that doesn’t mean that you need to give in to their demands. Stick with what the will says and get the assistance that you need.

Dial 612-424-0398 if you want to get started.

Sources:

https://minnesotaprobatelawfirm.com/how-do-i-get-letters-testamentary/

https://legalbeagle.com/8366637-obtain-letter-testamentary.html