Individuals often name a personal representative in their Last Will and Testament to fulfill their final wishes. The person so named becomes the executor of the estate. An executor’s first responsibility is to petition the probate court for a letter of testamentary. Letters of testamentary grant executors the legal authority to move forward with probate. The personal representative must begin by filing a petition that includes the application, will, death certificate, and other required forms with the court to request and obtain the letter and begin the probate proceedings. Once the letter of testamentary has been received, the representative can legally access, manage, and distribute assets and property per the decedent’s final wishes. For more information about the role of an estate executor and obtaining letters of testamentary, please contact a seasoned estate attorney at Harrison Law, PLLC, to schedule a consultation at (480) 320-2310.
What Are Letters of Testamentary?
Letters of testamentary are also called letters of representation or letters of administration. The court issues these documents after the estate executor files a request for the authorization to begin the process of probate and carry out the terms of a will. The family may select someone to file the petition if the deceased has not named anyone to handle the responsibilities. The court will designate an executor if the family cannot agree. Once the estate executor receives the letter of testamentary, they can legally complete financial transactions and distribute assets per the decedent’s final wishes. The personal representative charged with probating the will can access important estate documents and control affairs including:
- Real estate transactions
- Federal and state tax filings
- Banking and other financial accounts
- Payments for outstanding debt
- Distribution of the estate’s property and assets to the beneficiaries
Laws do not require the estate to hire a lawyer, but unlicensed personal representatives must take a court-approved training course. Executors cannot begin probate until they finish the training and pass a knowledge exam successfully. Probating an estate after losing a family member is usually time-consuming and can be confusing for anyone without experience. A knowledgeable estate attorney at Harrison Law, PLLC, could help alleviate the stress by guiding the executor throughout the process and representing the estate’s interest.
Requesting Letters of Testamentary
The person acting as the executor of the estate must petition the court to request the letter of testamentary. After they file the necessary documents, the probate court checks them to ensure compliance and authenticate the will. Once the review is complete, the court will issue the letter, and the executor may begin the process. The petition for approval to begin probate must include the following documents:
- A standard probate cover sheet and information form
- An application for appointment of the personal representative
- A copy of the decedent’s death certificate
- The complete and original Last Will and Testament
- A list of the estate’s assets and outstanding debts
According to the Arizona Courts, the state filing fee for a petition to probate a will is currently set at $164. However, the cost can vary slightly depending on the county in which the individual is filing.
Does Every Estate Require Probate?
Every estate will not require probate. The procedure may be necessary if there is no will or the decedent did not leave clear instructions for distributing assets. Large estates and those with disputes between beneficiaries will likely need to go through the process. According to the Mohave County Superior Court, estates with assets or property without a clear title must also go through the process. The goal is to help the family of the deceased settle affairs through an organized method. Probating an estate ensures legal compliance, confirms payment of outstanding debt, and divides property fairly among heirs.
When Is Probating an Estate Unnecessary?
In some cases, probating an estate may be unnecessary, making life much easier for the beneficiaries. Property from estates with uncontested wills, clear titles, and living trusts can pass to the heirs without probate. Some estates may also qualify for an exemption to bypass the probate process. Small estates with less than $100,000 in real estate and $75,000 in personal property may be eligible for the exemption.
What Happens During Probate?
Wondering what happens during probate is typical for anyone who has never gone through the process. To start, the estate executor must petition the court for permission to probate. Next, this individual must make copies of the filing and send it to all interested parties through regular mail to notify them. The court will review the signatures on the will and ensure the paperwork complies with the guidelines. Assuming there is no contest made to the will, the probate judge will validate this document once the review is complete.
There are three primary types of probate, including the informal, formal, and supervised probate processes. The level of court oversight is the biggest difference among the three, and the time to complete the procedure may vary accordingly. Probating an uncontested estate generally takes four to eight months, but the process can be much longer when estate disputes or lawsuits occur.
Informal
Informal probate is rather simple and the most common process because there is little court supervision and usually no court appearances. However, not every estate will qualify for informal probate.
Formal
According to the Arizona State Legislature, Title 14 of the Arizona Revised Statutes assures that the court may require the formal process for estates with disputes or problems validating the will. The court oversees formal probate, and there are necessary court appearances.
Supervised
In the most delicate cases, the court must review and approve every facet, from the person handling the executor’s responsibilities and any attorneys involved to the distribution of the property to the estate heirs. Supervised probate is the form of probate with the greatest degree of judicial oversight, and it can take longer than either of the other two forms as a result.
Call an Experienced Arizona Probate Attorney Today
The death of a loved one can take an enormous emotional toll on any family, and dealing with probate can be overwhelming. That is especially true when family disagreements over the division of property occur, or when there are other probate issues. The complexity of probate can differ from one estate to another, and sometimes the process requires lengthy litigation. Understanding how to get the letters of testamentary and begin the probate of the estate is essential, as this is the first responsibility of the decedent’s personal representative. If you have questions or need help through the probate process for an estate, don’t hesitate to contact an experienced estate lawyer from Harrison Law, PLLC, at (480) 320-2310 to schedule a consultation.
© 2023 Matthew W. Harrison and Harrison Law, PLLC All Rights Reserved
This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
