As executor and trustee of an estate in Dallas Tx, how do I proceed to obtain letter of testament to execute the estate?

Asked over 1 year ago - Dallas, TX

I have the trust and the documents, there is a "pour over will which names the beneficiaries.

Attorney answers (4)

  1. Kevin Matthew Koel

    Contributor Level 16

    6

    Lawyers agree

    Answered . In order to get letters testamentary, you need to probate the will and seek appointment as executor of the estate. You cannot act as executor until then. Also, if the trust was created by the will, then you are also not the trustee until the will is probated as well.
    You will need to get a probate attorney to assist you. Executor's must be represented by counsel. Also, you may have probate alternatives available to you and a probate attorney will be able to go through these options.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for... more
  2. David M. Pyke

    Contributor Level 15

    5

    Lawyers agree

    Answered . For the trust assets, you need only to present the trust and a death certificate to the persons with the assets. They should change to you as successor trustee under the instrument. If there are non-trust assets, the will must be probated to get you letters testamentary so you can transfer the assets to the trust

    There is no legal relationship created or implied by the exchange of message on this website. All statements are... more
  3. Jacob Scott Pelley

    Contributor Level 5

    2

    Lawyers agree

    Answered . If you need letters, you will have to go through some form of probate. However, you may not, depending on what assets are left in the estate, and what assets are already in the trust.

    All depends on the mix of assets, how much time has passed, if there are creditors, etc.

    Get some help.

  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Best bet-hire a probate/trust administration attorney to assist you.
    Use the "Find an Attorney" tab on AVVO or contact your local Bar Association
    or both.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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