Often, the journey into an Arizona Probate proceeding begins with an effort to obtain “Letters.” This document is sometimes referred to as “L… Testamentary,” “L… Probate,” “L… of Administration” or something similar.
In Arizona, “Letters of Administration” are issued by the Probate Court to the Personal Representative (executor) of the Estate. The document is the court document by which the Personal Representative obtains legal authority to act on behalf of the Estate.
Letters of Administration are not freely granted. A person has to prove entitlement to serve as Personal Representative before Letters are issued. Sometimes, a Will must be admitted to probate before Letters will issue. Unless bond is waived in a Last Will & Testament, a bond must be provided before Letters are issued.
More is required before Letters are issued. An application for probate must be prepared and filed. Sometimes, certain waivers are necessary. In short, to obtain Letters, a probate proceeding must be properly initiated and conducted.
If a bank, title company or other organization informs you that you must give them the “Letters” before they will give you what you want, you are being asked to provide legal proof of authorization to act on behalf of another – one who has died. Often, the request for “Letters” is a sign or signal that a Probate proceeding must be commenced and that you should consult an experience Probate attorney.