Legal Question in Wills and Trusts in California

How do I obtain a letter of Testimentary. I am the Execuor of the Trust but the bank is asking for court order. It was said that I need a testimentary


Asked on 12/30/15, 4:12 pm

2 Answers from Attorneys

Gerald Dorfman Dorfman Law Office

You need to speak with a probate attorney. Trusts have "trustees"; estates have executors or administrators. Letters testamentary are obtained through a probate proceeding in court when the decedent (deceased person) had a will. The court appoints the person who receives the "letters".

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Answered on 12/30/15, 6:23 pm
Michele Cusack Pollak & Cusack

If the bank account balance is no more than $150,000, you might be able to submit a Probate Code 13100 "small estate" declaration in lieu of (expensive, lengthy) probate with Letters Testamentary. But you should talk to an attorney (bring a list of all trust and n on-trust assets) to find out if your situation is eligible for that.

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Answered on 12/30/15, 6:53 pm


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