Legal Question in Wills and Trusts in Illinois

Question about something called a ''Letter of Office''

My great grandmother passed away in Oklahoma and her will and burial was in Illinois. My grandmother is the executer of the will and the estate has been paid out into checks made out to the ''Estate of my great grandmother''. When my grandmother, mother and I went to our local bank we were told we needed to establish an Estate Account but needed a ''Letter of Office'' (a little slip of yellow paper) the woman at the bank seemed to have no idea how to get this or if we needed to obtain it in Illinois or in Oklahoma. Please help me; I need to know what a ''letter of office'' is and how to get one.

Thank you so much for your time.


Asked on 12/06/05, 1:26 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Question about something called a ''Letter of Office''

A "letter of office" is a court document issued when you have proven to a judge, in a legal proceeding, that the document you are presenting to the court as the last will is in fact the last will and that the holder of the letter is the person who should handle the affairs of the deceased. The "letter of office" is proof that the person named in it has the right to collect the funds and assets owned by the deceased. If the value of the estate exceeds $100,000.00, you need to go through this proceedure, and you should hire a lawyer to do it. If the value of the estate does not exceed this amount, you can choose not to go to court, and instead use an affidavit. You do not need an attorney to prepare the affidavit, but I recommend hiring one anyway. Feel free to call me.

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Answered on 12/06/05, 1:56 pm


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