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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.