California Vs Alabama Real Estate Terms, Help!
I have a seller that owns a house in Alabama but lives in the Washington State.
Her husband died in California years ago and recorded his Will in the state of California. To get a clear title we need these 3 documents to record the Will here in Alabama.
1. CERTIFIED WILL – This is the easy one.
2. Letters of Testamentary
3. Petition to Probate
I spoke to the seller and she doesn’t think these are the same terms that are used in CA.
She says there is no “probate court” in CA, what should she be asking for in CA to allow this Will to be recorded in Bama?
Tyrone
Tyrone,
In PA, "letters testamentary" mean the document issued by the probate court to the executor/executrix essentially declaring that that person has authority to act on behalf of the estatate.
Maybe the petition to probate is what the executor files initially to get the estate probated and to get the court to issue the document. At least in PA, executors have to produce the letters testamentary document when they are taking some action for the estate -- such as setting up bank accounts, signing documents, etc.
Your seller should be consulting a California-licensed attorney about the procedures there relating to estates.
Nancy