As executor, do you know how to use a letter of testamentary?

On Behalf of | Apr 26, 2017 | Blog

If a loved one names you as the executor of his or her estate, you may feel honored. You may understand the trust your family member had in you to appoint you to such an important position. Though you feel ready to take on the obvious responsibilities associated with attending to the estate after that loved one’s death, you may not understand certain necessary steps you have to take in order for other entities to acknowledge your role.

Because anyone could claim to be the executor of an estate, you need to obtain certain documents in order to provide evidence of your appointment. First, the Last Will and Testament created by your loved one in which he or she named you as executor serves as an important document. Hopefully, you have easy access to this document as you will need it to obtain a letter of testamentary.

Letter of testamentary

Many individuals have never heard of a letter of testamentary and therefore do not know its significance. This letter provides legal evidence that you as the executor have the ability to access the necessary accounts associated with your deceased loved one’s estate in order to carry out necessary duties. You can present this letter to the court, banks and other organizations as proof of your role.

Obtaining the letter

Only an executor can obtain the letter of testamentary. You need to take the deceased’s Last Will and Testament as well as his or her death certificate to your local probate officer or court in order to obtain the document. Because you will need to provide this letter to multiple individuals and organizations, you may wish to obtain multiple official copies or determine whether you could make copies yourself.

Presenting the letter

Because banks and other companies do not want to grant access to the wrong parties, presenting the letter of testamentary can allow you to move forward with your duties. By providing proof that you are the executor of the estate, you can begin closing necessary accounts, managing funds, distributing assets and attending to other estate administration tasks.

Additional information

Because the letter of testamentary plays an important role in your ability to carry out your duties as executor, you may wish to ensure that you understand how to use the document. An experienced Nevada attorney could provide you with useful information relating to this letter as well as other necessary steps you need to take as executor.