Legal Question in Wills and Trusts in Virginia

My aunt passed away in 2009 in Virginia. I and my sister are executors/heirs to her estate. We did not go thru probate as everything was taken care of and we didn't feel it was necessary. We recently received notice of her ownership of stock which we are listed as beneficiaries. In trying to transfer the stock to our names the registrar and transfer company says that the original court certificate is our letter of testamentary? Does that mean that the Will will suffice?

Asked on 4/05/13, 8:02 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

No, most likely in referring to "the original court certificate", this company is referring to what in Virginia probate matters is termed Letters of Administration which are normally issued by the clerk's office of the appropriate probate court appointing or qualifying you as your aunt's personal representatives to administer her estate (and which also acts as legal notice to third party holders of a decedent's assets that the holders of such letters have been properly empowered by the court to transfer assets to properly designated beneficiaries.)

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Answered on 4/05/13, 9:12 am

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