What to do about a letter of testamentary?

My husband is the executor of his brothers estate. There is nothing to his estate except a lock box that has $5000 for his burial which is tomorrow. We live in Fl. When he went to the lock box the bank would not let him have the money because we did not have a letter of testamentary. What do we do now?

Asked on October 30, 2013 under Estate Planning, Florida

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

To get letters testamentary, you will have to file a petition in the probate court for the county where the deceased brother lived. Letters testamentary would appoint your husband as executor or administrator of the estate. He would then have authority to remove property from the lock box. 


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