Navigating the probate administration process can be overwhelming to think about, especially if you expected to avoid probate court altogether or believed that your loved one’s Will provided you with all of the power and authority you needed. Understanding how Letters of Authority are issued can give you power and authority and give you confidence to handle administration easily.
Do you need a Letter of Authority? Contact Cornerstone Legal Today!
Understanding what Letters of Authority are
Letters of Authority are the key legal documents issued by local probate court offices once a probate estate is opened. While your loved one’s Will may appoint you to serve as their Executor or Personal Representative, your power and authority to handle the administration of their estate doesn’t come from that Will. Letters of Authority are signed by a judge and often include mention of your powers and an expiration date.
Why Do You Need Letters of Authority?
If your loved one has assets that require probate administration, this means that there isn’t any other way for that asset to change hands – a living person needs to have the power and authority to sign a document. Michigan law recognizes Wills but requires that they be administered within the probate court system. This translates into companies knowing that they can’t allow assets to change hands with just the presentation of a Will. Banks and other financial institutions are trained to request and require Letters of Authority.
When Would I Need Letters of Authority?
There are many scenarios when you would need Letters of Authority to allow you to handle administration, including:
- Opening an Estate checking account
- Filing a claim for an insurance policy
- Selling real estate
- Transferring a vehicle title
- Signing a tax return
How Long Are Letters of Authority Good For?
Most counties in Michigan will issue Letters of Authority when a probate Estate is opened and put an expiration date about 12-15 months into the future. Every year, you will be required to prepare and file a Notice of Continued Administration to keep an Estate open. Once you file this notice, the probate court will reissue your Letters of Authority for the next year. It is important to not let your Letters of Authority expire or your loved one’s Estate lapse. Often you will have your power and authority terminated and you will have to start the process all over again, including paying additional fees.
Conclusion
Letters of Authority are more than just a piece of paper; it is vital to ensuring proper administration of a loved one’s Will. By understanding how your loved one’s Will is processed through probate court and how you receive Letters of Authority, you can avoid headaches and streamline the process of administering their Estate.
If you’ve recently lost a loved one and need guidance with probate and obtaining Letters of Authority, or if you have any questions, don’t hesitate to reach out. We’re committed to being your reliable partner in all legal matters.
Give me a call at (517) 708-2222 or email me at Katrina@CornerstoneLegalPLLC.com.
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