If you call the bank to handle a loved one’s account after they die, instead of receiving help, you might be asked for letters testamentary. Most of the time, no one explains what that means, leaving you feeling stuck, overwhelmed, and unsure how to get letters testamentary in California. Don’t worry, we’re here to help.
At Capital City Wills & Trusts, PC, we regularly handle letters testamentary issues. As an estate planning and probate firm with over a decade of experience, we help families understand the best ways to manage an estate after a loved one passes away and how to move forward without unnecessary stress.
Why the Demand for Letters Testamentary in California?
Banks and financial institutions are trying to protect themselves. California law limits who can access a deceased person’s property. Should the financial institution get it wrong, it may be liable.
Letters testamentary are one way the law provides financial institutions with certainty that they are transferring assets to the rightful person. However, these letters are not always required, and institutions usually don’t explain the alternatives. That’s why talking to an attorney about the process matters.
What Are Letters Testamentary?
Letters testamentary are court-issued documents that give an estate’s personal representative legal authority to act for a deceased person’s (decedent’s) estate.
In simple terms, the letters prove three things:
- The decedent died;
- A probate court opened a case for the estate; and
- The personal representative has the right to sell, borrow against, or transfer the decedent’s property.
Under California’s Probate Code, the court issues letters testamentary when the decedent leaves a valid will, and appoints an executor or personal representative. If there is no will, the court issues letters of administration instead. The authority is similar, but the name is different.
When banks request letters testamentary in California, they are seeking proof that you have the legal authority to act.
What Does a Personal Representative Do?
A personal representative is the person legally responsible for managing a decedent’s estate.
Their duties usually include:
- Inventorying and appraising the decedent’s assets, such as bank accounts, real estate, and other property;
- Paying valid debts, taxes, and expenses;
- Notifying beneficiaries and creditors regarding proceedings;
- Filing required court paperwork; and
- Distributing property to heirs or beneficiaries.
The personal representative must act in the best interests of the estate and follow California probate law during their tenure. If you are not the personal representative, you likely won’t have the authority to handle any of the property in it during probate (unless the estate is not subject to probate).
Who Can Serve as a Personal Representative?
If there is a will, it typically names an executor (also known as a personal representative). California law often gives priority to that person.
If there is no will, the Probate Code sets the order of priority for choosing a representative, which often includes:
- The surviving spouse or domestic partner,
- Adult children, and
- Other close relatives.
The personal representative must be at least 18 and legally competent. In some cases, a bond may be required to protect the estate.
If you’re unsure whether letters testamentary are required, we can help you understand your options.
How to Get Letters Testamentary in California
To receive letters testamentary, you must go through the California probate process, which generally includes the following steps:
- Step 1: File a petition for probate. The petition asks the court to administer the decedent’s estate, which includes choosing a personal representative. If the decedent left a will, the petitioner can submit that will to the court.
- Step 2: Provide notice. A probate hearing takes place after filing the petition. California law requires the petitioner to give notice of probate to heirs, beneficiaries, and potential executors.
- Step 3: Attend the probate hearing. Generally, the probate hearing must happen within 15 to 45 days of the petition. During the hearing, the judge appoints a personal representative, who must follow several steps to obtain letters testamentary.
- Step 4: Comply with the acknowledgement. Personal representatives receive a list of their duties and liabilities and must acknowledge receipt of the information to the court.
- Step 5: Oath requirements and post bond (if required). The personal representative must take an oath to perform their duties in accordance with the law. A representative may also be required to post a bond, unless the will or beneficiaries waive it.
- Step 6: Receive letters testamentary. Once the personal representative fulfills the requirements above, they can receive Letters Testamentary and start managing the decedent’s estate through banks and other institutions.
Although the process may seem straightforward on paper, it can quickly become complicated. Having a skilled attorney who understands probate can help you manage every step.
What About Non-Probate Transfers?
Not all transfers of a decedent’s property require probate. Non-probate transfers might not require letters testamentary.
Joint Ownership
If the decedent jointly owned property with a right of survivorship, the surviving owner may be able to transfer all the property to themselves by presenting a death certificate to the financial institution.
Summary Succession
If the decedent’s estate is relatively small, you might be able to administer their estate through summary succession. This is a faster way to handle an estate, and it applies when:
- The estate value is below the statutory limit of $208,850 after April 1, 2025,
- At least 40 days have passed since the decedent’s death, and
- No probate petition is pending.
Instead of getting letters testamentary, successors sign an affidavit stating they are entitled to the property. Banks can rely on this affidavit under California law.
The Right Legal Guide Can Make All the Difference
If you want to know how to get letters testamentary in California, remember that the probate system is complex, and banks rarely explain your options. But we are here to guide you.
At Capital City Wills & Trusts, PC, our highly experienced team can help families understand letters testamentary, explore faster alternatives, and choose the path that protects both their time and peace of mind. Please call us or contact us online to schedule a case review.
Frequently Asked Questions
What Are Letters Testamentary in California?
Letters testamentary are court documents that authorize a personal representative to act for an estate after someone dies.
How Do I Get Letters Testamentary Through California Probate?
You must file a probate petition, attend a court hearing, fulfill the prerequisites to be a personal representative of the estate, and be formally appointed as a representative by the judge.
How Long Does It Take to Receive Letters Testamentary in California?
Depending on the unique facts of your case, it can take more than six weeks to receive letters testamentary.
Do I Always Need Probate to Access a Bank Account After Someone Dies?
No. Smaller estates may qualify for summary succession using a small estate affidavit, and you may only need a death certificate to transfer jointly owned property.
Can a Bank Require Letters Testamentary Even When Probate Isn’t Needed?
You should be able to present other paperwork if no probate was required for your loved one’s estate. Please speak to us about your options.
Resources:
- Appointment of Personal Representative: General Provisions, Cal. Prob. Code § 8400 (1996), link.
- Administrators, Cal. Prob. Code § 8460 (1990), link.
- Administrators, Cal. Prob. Code § 8461 (2001), link.
- Commencement of Proceedings, Cal. Prob. Code § 8000 (1990), link.
- Service of Notice of Hearing, Cal. Prob. Code § 8110 (2017), link.
- Service of Notice of Hearing, Cal. Prob. Code § 8003 (1990), link.
- Appointment of Personal Representative: General Provisions, Cal. Prob. Code § 8404 (1994), link.
- Appointment of Personal Representative: Bond, Cal. Prob. Code § 8480 (1998), link.
- Appointment of Personal Representative: Bond, Cal. Prob. Code § 8481 (1990), link.
- Revocable Transfer on Death Deed: Execution and Revocation: Statutory Forms, Cal. Prob. Code § 5642 (2021), link.
- California Courts, Maximum Amounts for Determining Eligibility for Summary Succession Procedures, link.
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