How do I obtain a letter of testamentary for a trust?

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How do I obtain a letter of testamentary for a trust?

A family member died testate, I am the sole heir. There was a trust set up. In trying to collect her life insurance, as well as a small IRA. I am told that I need Letters of Adminisration. But in a Trust (and having died testate) a letter of administration is not issued. I have a court stamped document that states that it should be accepted as a form of letters of administration, but none of the contacts when I try to collect accept that paper. It is as if they are trained that all that can be accepted is a letter of administration and nothing else.

Asked on June 27, 2012 under Estate Planning, Florida

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

First, you need to be appointed adminstrator of the estate.  You must file certain forms with the Surrogate's Court in the county in which the decedent resided at the time of his passing.  An experienced estate attorney will have these forms and you can also find them online with the State of New Jersey Judiciary page.

You would need to have an attorney review the terms of the will and trust to advise you how to set up and/or recieve distributions from it.


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