Can You Get Letters Testamentary Without Probate?

Can you get a letter of testamentary without probate?

Do I need a lawyer to get a letter of testamentary?

We receive these questions every week. Therefore, we have created a new video to answer all of these questions. Please watch below:

As an estate planning and probate lawyer for the past 30 years, Christopher A. Benson has dealt with a variety of legal matters related to probate. In this article, we’ll discuss two common questions that people have about probate: Can You Get Letters Testamentary Without Probate? and Do I Need a Lawyer to File a Formal Probate Case?

Can You Get Letters Testamentary Without Probate?

The answer is no. Letters Testamentary are only issued by the clerk of the court after a formal probate case has been filed with the Court, all of the laws and court rules have been followed, and a Judge has reviewed and admitted a Will into probate. The purpose of Letters Testamentary is to give the executor named in the Will the legal authority to manage and distribute the assets of the estate according to the terms of the Will. Without Letters Testamentary, the executor has no legal authority to act on behalf of the estate.

Do You Need a Will to file a Probate case?

The answer is no. You can file a probate case for someone who has died without a Will. This is called an intestate probate. When you die with a Will and a probate case has been successfully filed with the court and the judge approves of the Will, the Clerk issues Letters Testamentary. When a person dies intestate and a successful probate case has been filed with the court and the judge approves of the personal representative, the Clerk issues Letters of Administration. Letters Testamentary and Letters of Administration are synonymous. The both mean the same thing: The person who has been approved by the court has the power to legally handle the assets on behalf of the deceased person and handle the debts.

Do I Need a Lawyer to File a Formal Probate Case?

The answer is that in the United States, people are allowed to file probate cases without a lawyer. However, handling probate cases can be difficult and time-consuming, especially if you’re not familiar with the legal system. There are many legal requirements and deadlines that must be met, and failure to comply with them can result in costly delays and even litigation. By hiring an experienced probate lawyer like Christopher A. Benson, you can ensure that all of the necessary legal steps are taken to properly administer the estate.

Here are some reasons why it’s a good idea to hire a lawyer to file a formal probate case:

Expertise: A probate lawyer has the expertise and knowledge to navigate the legal system and handle all aspects of the probate process. They can help you understand your legal rights and obligations and provide guidance on the best course of action.
Efficiency: Probate cases can be time-consuming, especially if you’re not familiar with the legal system. By hiring a probate lawyer, you can save time and avoid costly mistakes.
Objectivity: Probate cases can be emotionally charged, especially if there are disputes among family members. A probate lawyer can provide an objective perspective.

We are a family owned generational law firm that limits our cases to estate planning, probate and bankruptcy matters. Please watch the following video to meet our lawyers.

Please visit our main probate information page by clicking this link.

To contact our firm, please click on this link.

For more information on probate and the probate process, please click on this link