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What to do when someone dies - the 2024 checklist

Learn what it is, the terms, and what the next few months will look like. We cover everything from qualifying to inventorying and closing.

Beginner's Guide to Probate What Is Probate

The beginner's guide to Probate

Being an executor involves a whole host of responsibilities that take an average of 500 hours and often last well over a year.

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Executors of an estate —what they do & secrets to succeeding

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Probate

Asset Transfer

Affidavit For Transfer Without Probate (N/a)

Application For Replacement Or Transfer Of Title (N/a)

Bill Of Sale (N/a)

Lien Satisfied/legal Owner/title Holder Release (N/a)

When the owner of a California registered vehicle sells or transfers title or interest in the vehicle, the seller must complete a Notice of Transfer and Release of Liability (REG 138) and submit it to the department within five calendar days

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Ben Hopf

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Contributor Ben Hopf

Losing a loved one isn't just hard emotionally, it also means filling out a ton of forms & paperwork. Here's what to do next.

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What To Do When Someone Dies - Living Room

What To Do when Someone Dies - The 2024 Checklist

Probate Lawyer

Probate Lawyer Atticus App Glossary Nathan Phelps

Probate lawyers are experts in navigating the legal process of probate, which is the formal process of dissolving someone's financial life after they pass away. 

What is a Probate Lawyer? What They Do and When You Need Them | Atticus® Glossary

Probate lawyers are a subset of trust & estates attorneys and are qualified to offer legal advice to those navigating the probate & estate settlement process.

Probate Lawyer Definition Atticus Glossary Nathan Phelps

Transfer on Death (TOD) Account

Transfer on Death Account (TOD) Atticus App Glossary Nathan Phelps

Transfer on death, or TOD accounts, are a useful method for transferring money to beneficiaries and heirs after death and bypassing some of the probate bureaucracy.

What is a Transfer on Death (TOD) Account? Definition and Useful Context | Atticus® Glossary

Transfer on Death accounts, or TODs, are any brokerage accounts, securities, or stocks where the owner has designated a beneficiary upon death.

Transfer on Death Account (TOD) Definition Atticus Glossary Nathan Phelps

Right of Survivorship

Right of Survivorship WROS Atticus App Glossary Nathan Phelps

Right of survivorship lets property under tenancy in entirety pass automatically to the surviving party. This means this asset can bypass probate and should not be counted as a “probate asset”.

Right of Survivorship Definition and Useful Context | Atticus® Executor Glossary

Right of survivorship lets property in some ownership types automatically pass to the surviving party. This means this asset can bypass probate and should not be counted as a “probate asset”.

Right of Survivorship WROS Definition Atticus Glossary Nathan Phelps

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How to Probate a Will Without a Lawyer: 7 Short Steps

Most estates don’t need a lawyer, but that doesn’t mean they aren’t useful or necessary in many estate settlement situations.

<p id="">If you’re wondering whether or not you can probate a will without a lawyer, the answer is yes — assuming you live in a state that doesn’t require a probate lawyer.&nbsp;</p><p id="">The states that require a lawyer, either directly or in effect because you must hire them to complete certain forms, are:&nbsp;</p><ul id=""><li id="">Hawaii</li><li id="">Missouri for estates over $40k</li><li id="">North Carolina if you don’t live in the same state as the deceased</li><li id="">North Dakota if going through <a href="/articles/how-to-avoid-probate" id="">formal probate</a></li><li id="">Texas except in special situations, e.g. the executor is also the sole beneficiary of the testate estate and there are no debts against the estate<a href="https://guides.sll.texas.gov/probate" id="">*</a>.&nbsp;</li><li id="">Arizona - Can get around a lawyer if you complete a certification and present the Certificate of Completion to the Probate Court<a href="https://www.azcourts.gov/probate/Training/Non-Licensed-Fiduciaries-Training" id="">*</a>.&nbsp;</li></ul><p id="">Since most states don’t require a probate lawyer, the majority of probate cases do not require one. Anyone who can engage with the court system can proceed through probate without a lawyer.&nbsp;</p><p id="">But…&nbsp; <em id="">can </em>you probate a will without a lawyer and <em id="">should </em>you are two different questions. Probate lawyers can be a fantastic resource and are necessary when situations such as beneficiary disputes arise.&nbsp;</p><p id=""><strong id="">Atticus Tip: </strong>You don’t have to hire a probate attorney for the entire probate process. You can hire them for very specific questions and actions. This helps reduce the amount you spend on <a href="https://www.weareatticus.com/learn/how-much-does-a-probate-lawyer-cost" id="">probate attorney fees</a>.&nbsp;</p><p id="">We’re going to cover the basics of probate and show you a bit of what it’s like to go through probate without a lawyer, and we’ll also discuss why you may hire one along the way.&nbsp;</p><h2 id="">The Probate Process Without a Lawyer</h2><h3 id="">#1 File the will if it exists</h3><p id="">Families are required by law to file wills if they exist. The deadlines to file a will vary by state, but filing within a month is generally safe. You should <a href="/articles/how-to-find-out-if-someone-has-a-will" id="">search for a will</a> diligently before accepting that a will does not exist. If a will does not exist, then the estate will be distributed according to <a href="/terms/intestacy-laws" id="">intestacy laws</a>.</p><h3 id="">#2 See if you can skip probate</h3><blockquote id="">All states have a way to skip or shorten probate if the estate is particularly small. If you qualify for this option, you should take it.&nbsp;</blockquote><p id=""><strong id="">To figure out if you can skip probate, you need to:</strong></p><ol id=""><li id="">Determine what the county or state’s small estate affidavit (or other equivalent) requirements are</li><li id="">Estimate your estate’s probate asset value</li><li id="">Wait for the required waiting period to file for shortened or bypassed probate is up (usually 15-60 days)</li><li id="">Make a specific list of probate assets and collect all other sensitive documents during the wait period</li><li id="">Acquire the appropriate probate forms online or in person and complete them</li></ol><p id="">For more information about avoiding probate, have a look at our guide for <a href="/articles/how-to-avoid-probate" id="">How to Avoid Probate</a></p><h3 id="">#3 Petition the probate court to appoint an executor</h3><p id="">Executors have many synonyms including personal representative and administrator, but regardless of the name, the first major step of probate is to have an executor appointed. If a will exists, the executor will most commonly be named there. If there is no will, however, then families should decide who wants to take on the responsibility of being an executor before beginning the petition process with the probate clerk.&nbsp;</p><p id="">Either way, the probate courts will then require the person petitioning the court to fill out a few probate forms.</p><p id=""><strong id="">What you need to fill out the</strong> <a href="/learn/how-to-file-a-petition-for-probate" id="">petition for probate</a> <strong id="">forms</strong>:&nbsp;</p><ul id=""><li id="">A valid last will &amp;&nbsp;testament (if one exists)</li><li id="">Certified death certificate</li><li id="">Clarity on who will serve as the estate executor</li><li id="">Information on any named or known heirs &amp; beneficiaries&nbsp;</li></ul><p id=""><strong id="">When you should hire a probate attorney:</strong></p><ul id=""><li id="">Heirs or beneficiaries contest the validity of the will</li><li id="">If interested parties (including the executor) don’t understand the will</li><li id="">If any beneficiaries dispute aspects or portions of the will</li><li id="">If the probate forms require an attorney’s signature</li><li id="">If you want to pay for someone to manage and make the probate process simpler</li><li id="">If the domicile probate jurisdiction requires an attorney to serve as a <a href="/terms/resident-process-agent" id="">Resident Process Agent</a>&nbsp;for out-of-state executors</li></ul><p id=""><strong id="">A few helpful links:</strong></p><ul id=""><li id=""><a href="/terms/petition-for-probate" id="">Petition for Probate (steps and example form)</a></li><li id=""><a href="/probate/executor-of-estate" id="">Executor Responsibilities (detailed list)</a></li></ul><h3 id="">#4 Notify all heirs and creditors</h3><p id="">After an executor is appointed, the probate court will give them forms to fill out to verify that executors have notified all heirs based on the will or based on local laws that say who is considered an heir when someone passes without a will.</p><p id="">Another key responsibility of an executor is to file notice to creditors. This is when you reach out to everyone who is owed money by the deceased and let them know they can file a claim to get paid.&nbsp;</p><p id="">Important: only assets that are considered probate assets will be used to pay off debts. Some funds can be passed outside of probate and are free from any possibility of being claimed for debt.&nbsp;</p><p id="">Read more: <a href="/probate/difference-between-probate-and-non-probate-assets" id="">The difference between probate assets and non-probate assets</a></p><p id=""><strong id="">What you need to know:</strong></p><ul id=""><li id="">Who the beneficiaries are via the will</li><li id="">If there is no will, who the heirs are according to the local intestacy laws.&nbsp;</li><li id="">How to file notice to creditors</li></ul><p id=""><strong id="">When you need a probate lawyer:</strong></p><ul id=""><li id="">If you think a creditor is filing an unfair claim against the estate.&nbsp;</li><li id="">If you can’t figure out what are considered probate assets and what aren’t.&nbsp;</li><li id="">If you are having trouble figuring out state intestate succession laws</li><li id="">If you want someone to do this for you.&nbsp;</li></ul><p id=""><strong id="">Useful Links:</strong></p><ul id=""><li id=""><a href="/learn/probate-notice-to-creditors" id="">How to File Notice to Creditors (exact steps)</a></li><li id=""><a href="/articles/how-to-read-a-will" id="">How to Read a Will</a></li></ul><h3 id="">#5 Create an estate account, collect probate assets, and build an inventory of assets</h3><p id="">After you are an executor and have your letters testamentary or administration in hand, you can control and change all assets owned by the deceased individual.&nbsp;</p><p id="">An executor’s duty is to liquidate (turn into cash) any assets as needed, create an estate account to the estate’s money from various sources into, change asset ownership as needed, and create a complete list of probate assets with details on ownership, value, and designation. This inventory is typically delivered to the probate judge and agreed upon by the beneficiaries.&nbsp;</p><p id=""><strong id="">What you need:</strong></p><ul id=""><li id="">An <a href="/learn/is-filing-for-an-estate-ein-necessary-for-probate" id="">EIN number</a> to open the estate account</li><li id="">A spreadsheet or tool to keep track of your inventory</li><li id="">Your letters testamentary or administration&nbsp;</li></ul><p id=""><strong id="">When you need a probate lawyer:</strong></p><ul id=""><li id="">If navigating complicated titling and ownership questions</li><li id="">If you don’t know how to transfer ownership (most bank accounts and things are easy)</li></ul><p id=""><strong id="">Useful Links:</strong></p><ul id=""><li id=""><a href="/terms/letters-testamentary" id="">What are Letters Testamentary</a></li><li id=""><a href="/articles/what-is-an-estate-account" id="">How to Create an Estate Account</a></li></ul><h3 id="">#6 Pay all taxes, debts, and funeral expenses</h3><p id="">Executors must pay off all valid debts, taxes, and expenses <em id="">before </em>distributing any inheritances.</p><p id=""><strong id="">What you need and must do:</strong></p><ul id=""><li id="">Effective accounting of existing probate assets, owed taxes, and owed debts. Executors are personally responsible (and sometimes liable!) for paying all debts and taxes appropriately.&nbsp;</li><li id="">To file the individual’s final tax return&nbsp;</li><li id="">To file an <a href="/articles/what-happens-if-a-deceased-person-owes-taxes" id="">estate tax return</a> (if applicable)</li><li id="">If the estate has more than $600 in gross annual income by the time you file, then you must submit an <a href="https://www.irs.gov/pub/irs-pdf/f1041.pdf" id="">IRS Form 1041</a>.</li></ul><p id=""><strong id="">When you need a probate lawyer or tax professional:&nbsp;</strong></p><ul id=""><li id="">When you aren’t sure if you are paying the right taxes.&nbsp;</li><li id="">When you are confused about certain debts</li><li id="">When you want to contest certain debts&nbsp;</li><li id="">When you have more debt and/or taxes than assets available (or a case of insolvency). Hire legal counsel as soon as possible in these cases.&nbsp;</li><li id="">If you want someone to file the taxes for you and double-check their accuracy&nbsp;</li></ul><p id=""><strong id="">Useful Links:</strong></p><ul id=""><li id=""><a href="/articles/what-happens-if-a-deceased-person-owes-taxes" id="">What Happens if a Deceased Person Owes Taxes?</a></li><li id=""><a href="/articles/burial-alternatives-costs-ultimate-list-of-interment-substitutes" id="">Burial Alternatives + Prices</a></li></ul><h3 id="">#7 Close the estate and distribute inheritances&nbsp;</h3><p id="">After all debts, taxes, and expenses have been paid, you submit a final accounting and detailed report of how the remaining assets will be distributed to beneficiaries. Once the probate court approves this, then you need to distribute the assets and may need to submit a final detailed accounting to the probate court demonstrating you’ve followed the plan. At this point, the probate court will help you officially “close the estate”, and you can disable the estate account and consider your job done.&nbsp;</p><p id=""><strong id="">What you need and must do:</strong></p><ul id=""><li id="">An exact idea of who gets what based on the will or local laws.&nbsp;</li><li id="">A detailed list of all accounting and actions taken on behalf of the estate that a probate court and/or judge can easily read. The court will sometimes provide a template for you.&nbsp;</li><li id="">To submit a distribution plan and reporting to the probate court when you’re ready</li><li id="">Submit any other forms the probate court requests</li></ul><p id=""><strong id="">When you need a probate lawyer:</strong></p><ul id=""><li id="">Since this is the make or break point, we generally recommend hiring a probate attorney to check things out, but if you have a simple estate and feel confident in everything, you may be fine.&nbsp;</li></ul><h2 id="">The bottom line on probating a will without a lawyer</h2><p id="">Chances are you don’t <em id="">need </em>a lawyer for probate, but if you have disputes or a larger estate you would certainly benefit from one. If you have a smaller estate, a clear will, few beneficiaries, and good familial relationships, then you will likely be able to get through probate without a lawyer.. That being said, it can still be smart to hire or consult with a probate attorney along the way, even if you aren’t hiring them for a more substantial engagement.</p>

senior aged female widow sits painting in empty living room

3 Valuable Tips for Settling a Family Member’s Estate

<p id="">As a professional that has spent my 30-year career servicing the fiduciary industry, I never had to <em id="">personally</em> fulfill the capacities of Executor and Power of Attorney for a family member… until 2022 arrived.</p><p id="">Unfortunately, I had three family members pass away within 6 months and I was responsible for settling their affairs. Although I fully understand the duties of an executor from my career spent within the fiduciary industry, you can <strong id=""><em id="">never</em></strong> plan enough in advance.&nbsp; Like many things, there are always a few “lessons learned” for me that I wished I had completed <em id="">sooner </em>instead of procrastinating.</p><p id="">One of the reasons I joined Atticus is because I am passionate to help other people navigate this process for their family.&nbsp; Our mission every day is <em id="">to provide a solution to simplify the lives of executors and advisors navigating estate settlement, and to save them valuable time and money!</em></p><p id="">If you are a financial or wealth advisor to client families that will be going through this, you are part of the process… And it never hurts to lend some valuable planning advice during an emotional time to help solidify you as a Trusted Advisor for your clients – <em id="">especially knowing that approximately 67% of inheritors change financial advisors immediately after a death.</em></p><h2 id="">Lessons Learned</h2><p id="">As I reflect on the whirlwind of my situation personally this past year, below are 3 tips (lessons learned) that a future fiduciary (in various capacities) can plan <em id="">ahead of time</em> to result in a swifter and smoother probate process.</p><h3 id="">1. Create an inventory of assets and account titling</h3><p id="">It is never too early to start organizing a list of assets and liabilities for a family member in advance of them passing away. Documenting account numbers, websites, and phone numbers in a centralized place is ideal, and you will surely “thank yourself” later.</p><p id="">Oftentimes a parent may be “slow” to unveil their assets with you, so taking advantage of opportunities as they arise will create an evolving foundation that will help you in the future.&nbsp; In addition, as a family member becomes ill, eventually there will be a time that the authorized recipients on their financial accounts should be reviewed and updated if appropriate.</p><p id="">As my father’s health grew increasingly worse, I spoke to him about getting added to his bank accounts.&nbsp; Unfortunately, it never happened, so I was left with having to jump through a few hoops that could have been avoided.</p><p id="">If a Trust is set up, checking to make sure the appropriate accounts are properly titled in the trust is critical.&nbsp; Another task I wish I did was sell a car that was no longer needed.&nbsp; Either gifting the car or selling in advance, can save families a few headaches in not having to deal with the department of motor vehicles.</p><h3 id="">2. Execute a Durable Power of Attorney (POA) before it is too late</h3><p id="">While a loved one is alive and ill, it becomes critical at some point for the POA to “step in” and either help with financial affairs or to at least watch closely from the sidelines.&nbsp; As my family members became ill over time, a few specific situations that I stepped into that helped having a POA were:</p><div id=""></div><p id="">Taking advantage of executing a POA earlier in the process can often feel like a slippery slope, but establishing this capacity and getting authorized by providers early can save you valuable time down the road (and a few less headaches).</p><h3 id="">3. Get some help… and err on the side of over communicating!</h3><p id="">It is important during the probate process to align yourself with advisors and resources.&nbsp;&nbsp;</p><p id="">Every estate is different and many times an executor might not be familiar with the probate laws where someone passes away.&nbsp; In addition, some estates are complicated and require the hiring of an attorney and other specialized experts.&nbsp; In many other circumstances, estates may be easily handled with the aid of some research and helpful assistance.</p><p id=""><strong id=""><em id="">For example… check out the Atticus Probate and Estate Settlement Solution</em></strong></p><p id="">If you are an Executor and need help navigating the process or access to additional resources, be sure to check out the <a href="/for-families" id="">software platform we’ve designed to help families and their advisors</a> save time and money by navigating the probate, estate settlement and inheritance process together.&nbsp;&nbsp;</p><figure id="" class="w-richtext-figure-type-image w-richtext-align-fullwidth" style="max-width:675px" data-rt-type="image" data-rt-align="fullwidth" data-rt-max-width="675px"><a href="https://www.weareatticus.com/for-families" target="_blank" id=""><div id=""><img src="https://uploads-ssl.webflow.com/5e82d4fb47fbad366b68dbdc/638fdf4ce7f3168ed2c46649_atticus-probate-estate-settlement-software%401.5x.png" loading="lazy" alt="mobile and desktop screenshots of Atticus probate and estate settlement software" id="" width="auto" height="auto"></div></a></figure><p id="">Lastly, if you are serving as executor or personal representative and there are other siblings or family members named as beneficiaries, it is important to keep them in the loop, so be certain to communicate (<em id="">or over-communicate</em>) throughout the process.&nbsp; Let them know your plan and answer any questions they may have.&nbsp; Many times, proactive communication can minimize contentious situations and get everyone on the same page.</p><h2 id=""><strong id="">Wrap up</strong></h2><p id="">There are certainly a lot of aspects to consider regarding tips and best practices through estate settlement, but I hope hearing some of my biggest learned lessons can help you save some time through the process.</p><p id="">Either way, we’d love to hear from you— give us a shout or drop any questions in the comments below.</p>

As a professional that has spent my 30-year career servicing the fiduciary industry, here are 3 tips (lessons learned) that a future executors can take action on ahead of time to result in a swifter and smoother probate process.

wooden ink pen laying on empty paper writing will

Letters Testamentary vs. Letters of Administration: Key Differences

While letters testamentary and letters of administration are often used interchangeably, they are not the same thing.

<p id="">The vast majority of families and estates go through <a href="/probate/what-is-probate" id="">probate</a>, and one of the key documents executors need to take control and manage and estate’s assets are either<em id=""> </em>letters testamentary <em id="">or </em>letters of administration.</p><p id="">Because they are similar in effect, people often use these terms interchangeably. This is incorrect and ignores a fundamental difference between the two types of letters.</p><h2 id="">The Difference Between Letters Testamentary and Letters of Administration</h2><p id="">Letters testamentary are given by probate judges to executors when the deceased passed testate, or <em id="">with </em>a will, whereas letters of administration are given to executors who are settling the estate of someone who passed <a href="/articles/testate-vs-intestate" id="">intestate</a>, or <em id="">without</em> a will.</p><p id="">So:</p><p id="">Letters testamentary = will</p><p id="">Letters of administration = no will</p><p id="">To help you remember, think <strong id="">test</strong>ate = letters of <strong id="">test</strong>amentary.</p><p id="">Both types of letters effectively do the same thing, which is give someone power over an estate during probate. You may also see the phrase “getting your letters” used as a catch-all that includes both letters testamentary and letters of administration.</p><h2 id="">The Power Letters Testamentary and Letters of Administration Give</h2><p id="">Both letters testamentary and letters of administration give an executor (or other synonym like administrator or personal representative) the legal authority to manage, control, sell, and access a deceased individual’s assets in accordance with their will or local intestacy law if a will did not exist.</p><p id="">Banks, investment services, real estate attorneys, and a variety of other organizations and people ask for these letters and a death certificate when an executor reaches out about accessing or managing a particular <a href="/probate/difference-between-probate-and-non-probate-assets" id="">probate asset</a>.</p><p id="">Without these letters, it would be much easier for family members and other people to pretend someone has passed away and attempt to access their assets.</p><h2 id="">What Letters Testamentary Look Like</h2><p id="">Letters Testamentary are usually delivered as a paper document by the probate judge and look like:</p><figure id="" class="w-richtext-figure-type-image w-richtext-align-center" data-rt-type="image" data-rt-align="center"><div id=""><img src="https://uploads-ssl.webflow.com/5e82d4fb47fbad366b68dbdc/62f43312ed2763912077cbf3_1JvucrsEUPsRRq5edBGpEyswuZE6g72SfP0gNYAGJqU6fmoHKyf-btAoK_zoeTNiwzxMelnV67IyCDZnz552ddoWocDlrUO7U2NgS8IKCQZfYN0M56DJMegt8HEe_UmXBADdRhsbfogs_q-47pZNuHA.png" id="" width="auto" height="auto" loading="auto" alt="sample letters testamentary from Tarrant county, Texas probate court"></div><figcaption>Image via <a href="https://nytaxattorney.com/tax-estate-questions-answers/probate/probating-the-will/letters-testamentary/">NyTaxAttorney.com / David Silverman</a></figcaption></figure><h2 id="">What Letters of Administration Look Like</h2><p id="">Letters of Administration are delivered just like letters testamentary but have slightly different language:</p><figure id="" class="w-richtext-figure-type-image w-richtext-align-center" data-rt-type="image" data-rt-align="center"><div id=""><img src="https://uploads-ssl.webflow.com/5e82d4fb47fbad366b68dbdc/62f43312d3686658205a7fce_QTVXQC0LnG6ISfvzu1VUgOhVaXMW-Ph3dchBiBeHiHG-8KQmXmXgKK-ew6acoKcNqUZ0RI-ifT-9sHJw-a549xse_Ayn8JnNjihlB7IrHRcoj-hZffqVWZ-5KH55Ls5tPshfkAQx0pKO1_r0jD7sopE.png" id="" width="auto" height="auto" loading="auto" alt="sample letters of administration Miami-Dade county, Florida probate court"></div><figcaption>The above is a sample Letters of Administration from Florida.<a href="https://help.flcourts.org/Other-Resources/Probate" id="">*</a>.</figcaption></figure><h2 id="">How to Get Letters Testamentary</h2><p id="">Here’s how to get your letters of testamentary.</p><ol id=""><li id="">Find the will</li><li id=""><a href="/learn/how-to-file-a-will" id="">File the will</a></li><li id="">Read the will and figure out who was appointed <a href="/terms/what-is-an-executor" id="">executor</a></li><li id="">Assuming that’s you, file a petition for probate (<a href="https://forms.weareatticus.com" id="">get the probate form you need)</a>, or google "application for probate" with the estate’s county and state afterward)</li><li id="">File that form(s) with the <a href="/probate-court-directory" id="">correct probate court</a> in the county/state where the person was permanently living (<a href="/probate/what-is-domicile" id="">domiciled</a>)</li><li id="">Inform family members, heirs, creditors, and other beneficiaries that probate is beginning</li><li id="">Attend the probate hearing</li><li id="">Be appointed as executor or personal representative by the judge</li><li id="">Receive your letters testamentary from the court (they will give them to you)</li><li id="">Fulfill the rest of your <a href="/articles/20-key-duties-of-an-executor" id="">duties as executor</a> or personal representative</li></ol><h2 id="">How to Get Letters of Administration</h2><p id="">Here’s how to get your letters of administration:</p><ol id=""><li id=""><a href="/articles/how-to-find-out-if-someone-has-a-will" id="">Search for a will</a> thoroughly before deciding it doesn’t exist</li><li id="">Discuss with family and friends who will be assuming the role of executor / personal representative / administrator.</li><li id="">File the <a href="/learn/how-to-file-a-petition-for-probate" id="">petition for probate</a> forms and any other forms required with the <a href="/probate-court-directory" id="">correct probate court</a> in the county/state where the person was permanently living (<a href="/probate/what-is-domicile" id="">domiciled</a>)</li><li id="">Let family members, heirs, creditors, and other beneficiaries know</li><li id="">Attend the probate hearing<a href="https://www.tncourts.gov/sites/default/files/docs/probate_manual_final.pdf" id="">*</a></li><li id="">Be appointed as administrator or executor by the probate judge</li><li id="">Receive your letters of administration from the court (they will give them to you)</li></ol><h2 id="">The Bottom Line on Letters Testamentary vs. Letters of Administration</h2><p id="">While similar in effect, letters testamentary are given to executors or personal representatives when the deceased designated them as such in their will, and letters of administration are given to family members, friends, or third-party individuals who step up to serve as executor or administrator when someone passes away intestate, or without a will.</p>

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