Los Angeles, CA asked in Probate for California

Q: Letters

I am going through a probate right now the administrator was I just I have a question when the person is hired administrator do they have to wait till they get the letters to be able to get into bank accounts or into anything at all concerning the decedent can they get the letters approved at another court before their initial court date for letters and can they use that paper for any kind of proof in order to gain entrance into bank accounts and then have it stamped at the initial Court they have the probate case in

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: If there is an urgent need for letters before the the regular hearing, the court can issue temporary letters. You need to petition the same court where the probate proceeding is pending, and follow the local rules.

Patricia Ann Simmons
Patricia Ann Simmons
Answered
  • Probate Lawyer
  • Vallejo, CA
  • Licensed in California

A: The Letters are issued after the Judge signs the Order for Probate. The Letters are issued in the county where the documents were filed and the proceeding was heard. The Administrator is not hired but is appointed by the court.

No, Letters cannot be approved in another court before the initial hearing. If there is a need for a special administrator, that petition must be filed in the county where the initial petition was filed. The Judge will decide if the situation is urgent and if so, appoint a Special Administrator.

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