In order to obtain letters testamentary you first have to file suit and submit the original will to the probate court. Notice has to be posted, and after that a hearing will be held where a judge will determine that the will is original. At the point the court will sign an order accepting the will and appointing an executor. After an oath has been signed by the executor, letter testamentary can be requested. The process isn't difficult, but is very detailed in the Estate Code and unless all elements are done correctly, letters will not issue. After letters are issued there are specific things that must be accomplished by certain deadlines: 30 days to notify creditors and publish in the paper a notice to creditors; 60 days to give notice to beneficiaries of the will; 90 days to provide a sworn inventory of the estate assets to the court. The process isn't difficult so long as the original will is valid. A defect in the will or not having a will will cause delays and likely be more much more expensive. Out of pocket expenses for filing and posting notices generally cost between $450 -$500 depending on the county. Attorney fees on top of this can fluctuate wildly.
You can not just go in with the will and purchase letters without submitting the will to the probate court and having it accepted by that court. Until the will is accepted by the court, the executor named in the will has no power. The will merely nominates an executor, it does not by itself grant any special powers or privilege until the will is probated and an order is signed by the court appointing/approving of the proposed executor. Nothing prevents you from filing the probate for yourself, but the rules are strict and there are many pratfalls that can occur... and even with everything going right can take weeks, if not months to navigate. Best of Luck
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- by JDstar
- Sat Aug 24, 2024 8:52 am
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