Getting Letters of Administration is a common request when taking care of someone’s estate. A bank may have told you that you need “Letters of Administration” to gain access to an account. This is common, even when you have the will and you are named as the executor. Or you may run into problems when selling a piece of property as the executor. A title company may request “Letters of Administration”. Surprisingly, it’s common for creditors to also request Letters before you pay bills on behalf of someone who has died.
What are Letters of Administration and how do I get them?
Letters of Administration are part of a court order that allows an individual to administer an estate. Letters are acquired by petitioning the court for them. An Attorney familiar with the Probate Process can assist you.
Is there a way around Getting Letters of Administration?
If the decedent had a trust and had their accounts, real estate, and other assets titled into the name of the trust, you can usually administer the trust without going through probate. If there was not a trust and only a will, or no will at all, an attorney would look at your individual situation to see what your options are. Some of the questions the Attorney may have for you are the following:
- How are the assets titled? Are there joint tenants?
- Do the accounts have beneficiaries?
- Was the decedent married?
- What is the estimated value of the estate?
An Attorney familiar with Probate should be able to give you options on how to transfer property from the decedent to the heirs. The Swenson Law Firm offers free consultations for Probate matters. Call 916-333-0833 to schedule an appointment or click here to send a message.