It occurred to me that one area I have not really explored in my blog covers estates, executors, and Letters Testamentary.  These are just a few of the various topics relating to probate in California.  Most of my blogs have focused on the elements of California estate plans, and on estate planning in general. But there is much to discuss that occurs after an estate plan comes to life, so to speak.  But first, let me remind you, everything written in this blog reflects only my opinion, and it should not be taken as legal advice. Say a person’s estate plan includes a will, but no trusts. After that person’s death, his/her will should be taken to the Probate Department at the court located in the county of residence where the decedent lived. Then, a probate petition is filed with the probate clerk. The court takes over at that point. Next, once the Court has established that the will is valid and that the person named in the will as executor does have the authority to act in that capacity for the deceased person, a Letter Testamentary or Letter of Administration is issued.  If the decedent’s “first choice” executor is not available, or if a person dies intestate (without making a will), a family member may petition the court to be named Administrator of the estate. Once an executor or administrator is appointed, the Letter (document) issued by the court legally empowers him/her to assume control of the estate assets, and to carry out, or “execute,” the details of the will. For example, a certified copy of the Letter Testamentary would need to be presented to banks, insurance companies, etc. as proof of the executor’s right to handle financial matters for the decedent, such as opening a checking account for the estate. Please keep in mind that probating a will is only one aspect of estate matters. Not all estates are subject to probate. Sometimes, depending on how the estate plan is structured, assets may be transferred directly to a surviving spouse or partner. Again, these are merely examples. An experienced California estate planning attorney can provide answers to your specific questions. For more comprehensive information about estate planning, wills, trusts, and how to get started, ou can contact us by phone – at your convenience – at 818.956.9200. Glendale Location 616 E. Glenoaks Boulevard, Suite 203 Glendale, CA 91207 Sherman Oaks Location 15303 Ventura Boulevard, Suite 900 Sherman Oaks, CA 91403