Petition For Probate of Will and Letters Testamentary or Petition For Letters of Administration. What’s the Difference? Dictionary.com defines “testate” as having made and left a valid will. A valid will is used to distribute property after death and directs how this is to be accomplished. After a person dies, their will is filed with the court to be used as the basis for how the probate will proceed. When a probate is initiated with a valid will, a probate of Will and Letters Testamentary is usually filed in the county where the deceased person resided or where they left property.
When it’s necessary to go to court, but there is no valid will, A Petition for Letters of Administration is usually filed instead. In many ways, both types of cases proceed in much the same way, however, the main difference is that property will be distributed according to state law.
You can learn more about our Probate Document Preparation here. If you have a California Probate case and need assistance processing documents after you have been issues Letters, we can assist. You can contact us by email or phone here.
