How do I obtain a letter of testamentary?

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How do I obtain a letter of testamentary?

I would like to know how can obtain a letter of testamentary to show that I am the personal representative and executor of my deceased mother’s estate. She technically didn’t leave an ‘estate’, no real estate or financial accounts. Therefore, when she passed away, probate was not necessary. I recently wanted a copy of her medical records for my records and I can not get them unless I provide a letter of testamentary showing I am her legal personal representative. How can I obtain this without starting probate?

Thank you,
John Cunningham

Asked on November 12, 2017 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally speaking,  states allow you to apply for Limited Letters Testamentary for certain purposes.  You can go to the Probate Court and let them know you wish to obtain same and they generally give you the forms.  If you think you need them for a lawsuit in the future you may need to be fully appointed.  I would seek consultation before you start.  Good luck. 


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