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Both documents grant the same powers to the holder. However, with letters of administration, the court has the ability to rule on who the official heirs to the estate are.
In summary, the primary difference between Letters of Administration and Letters Testamentary in California lies in whether there is a valid will. Letters of Administration are issued when there is no will, and an administrator is appointed to handle the estate ing to intestacy laws.
Preliminary Letters Testamentary or Temporary letters are usually valid for 6 months at a time so the fiduciary will need to act quickly and renew if necessary. In certain counties the letters are valid indefinitely so you should check the county rules.
How do you get letters of testamentary? If the decedent has a will, the original must be filed with the probate court in the surrogates court, along with a valid death certificate and the executors identifying information.
Letters of testamentary and letters of administration serve the same purpose. They authorize a personal representative (executor or administrator) to act on behalf of an estate. These letters provide the authority to access accounts, sell real estate, pay taxes, and distribute assets to the beneficiaries.
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