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New York & North Carolina

What Are Letters Testamentary?


Responsibilities of The Estate Executor : 

If you have been named the executor of someone’s estate, your responsibilities will include filing the necessary court papers to start the probate process, handling details like notifying banks and government agencies of the individual’s death, and filing the deceased’s final income tax returns. When the estate administration process concludes, you will also be responsible for collecting the property and distributing it.

What Are Letters Testamentary?

Before you can begin performing your duties as executor, you must first receive Letters Testamentary from the probate court. Letters Testamentary grant the executor the legal authority to act in a fiduciary manner on behalf of the estate. As the executor, you will need to present the Letters Testamentary and a death certificate to manage real estate transactions, banking, and asset distribution for the estate.

How to Get Letters Testamentary:

You need to file the official last will and testament and death certificate to the court in person to obtain Letters Testamentary.  In most cases, the executor will also have to provide some information about the estate value.