Frequent Scenario: Someone passes away. Their surviving spouse is told by the bank that they need “Letters” to access a bank account. Surviving spouse finds a lawyer online and asks her to draft the letter. Surviving spouse is then frustrated to learn that she doesn’t really need a letter from a lawyer – but has to go to court and get something from a judge. Surviving spouse is confused and intimidated by the terminology and doesn’t know what to do next.
So, lets discuss how to understand this common legal process in Texas.
Lets start with understand that the word “letters” can be misleading. In this situation, the word “letter” is not used to refer to correspondence or something you place in the mail but rather a certificate issued by a court specifying the identity of a person authorized to address the estate of a deceased person. In other words, a “letter” is a document that shows you have the legal power to deal with the property of the person who died. When you’ve been granted Letters by a court, you’re the person that banks, creditors, and others will communicate with regarding any assets or debts of the decedent because they will assume that you’re the person the Court has placed in charge of the of the estate.
To get letters, unfortunately, you can’t simply call a lawyer for them (because the lawyer can’t just draft one up). You can only be granted Letters by a court with jurisdiction over the deceased person’s estate. To get to court quickly, the best thing you can do is talk to a local attorney who has experience in probate law. Although the prospect of going to court can be daunting, the good news, however, is that most states (including Texas) have laws that allow for simple, low-cost probate in situations where either the deceased person left a valid Last Will and Testament that provided for independent administration of her estate or, in cases where there was no Will, where all of the people who will inherit agree the court should not be significantly involved.
In many cases, the probate process is easy and only requires a single, brief court hearing. Once you hire a lawyer, the lawyer can advise you as to what laws are applicable to your situation, where the probate application should be filed, and exactly what process should be followed. The lawyer can help you deal with the court, creditors, and even other people who will inherit from the estate. But, take caution, not every lawyer handles probate law cases. For simple cases, you can certainly work with lawyers who handle various types of cases but for more complex matters or cases involving substantial disagreement, you may choose to work with probate lawyers who concentrate in this area of the law.
Because not every case is identical and circumstances are very important, if you were told you need to obtain letters (usually by a bank or other financial institution), you should call an attorney to ascertain the best way to get Letters from the court and whether or not your case would require court supervision.
Weldy Law is available to help clients from all over West Texas work through important probate issues, obtain Letters from courts and navigate legal requirements. Weldy Law welcomes the privilege to assist you with estate planning and probate matters. Call us today for a complimentary consultation—806-928-2087.
The above blog is for informational purposes and is not intended to be legal advice.