So the Bank says you need "Letters Testamentary"...

The following scene is commonplace: a grieving, surviving loved-one goes to the bank to collect funds from a decedent's bank accounts, only to be told by the banker that it's necessary to obtain Letters Testamentary (or Letters of Administration). If you've never gone through the process of administering the estate of a loved-one, you probably have no idea what these documents are, or how one goes about obtaining them.

Here are some quick answers:

Letters Testamentary:

Letters Testamentary are simply a (usually) one-page document issued by the Clerk of the Probate Court of the county in which the decedent resided, stating that the Probate Court has appointed the person bearing the Letters as the Personal Representative (or Executor) of the decedent's estate. These are issued when the decedent has passed leaving a validly executed Last Will and Testament (hence the term "Letters Testamentary.")

Letters of Administration:

Letters of Administration are very similar to Letters Testamentary, and perform the same function, but are issued by the Clerk when the decedent passes away without leaving a validly executed Last Will and Testament, and the Personal Representative is left to administer the estate not pursuant to the terms of a Will, but instead pursuant to Indiana's laws of intestacy.

How does one obtain Letters?

A prospective Personal Representative or Executor should quickly contact an experienced estate attorney to prepare the necessary pleadings to file with the appropriate Probate Court. The attorney will prepare a document called a "Petition" asking the Probate Court to appoint the client as a Personal Representative or Executor. Sometimes, depending on the county, both the client and the attorney will be required to appear before the Judge or Probate Commissioner. If the Petition is approved, the Court will then, enter an Order appointing the client as the Personal Representative of the estate. The Court's Order should also include instructions to the Clerk of the Court to issue the Letters Testamentary or Letters of Administration.

The main point to take away is that when it becomes clear that "Letters" are necessary, it is important to contact an estate attorney so that you can be adequately advised and represented before the Probate Court that must enter the Order to appoint a Personal Representative and issue the "Letters."

If you need representation in obtaining Letters Testamentary or Letters of Administration, or simply have questions regarding these or other estate administration or estate planning issues, please feel free to contact me at (317) 575-8222, or visit our website for more information.