Letter of Probate

A letter of probate is a legal document that gives the executor the right to control the assets of a deceased persons estate. If someone dies and leaves a will that names an executor, that person will have to obtain a letter of probate from the courts stating that they are authorized to distribute the assets of the estate according to the will. If a deceased person did not leave a will, a qualified candidate would also have to apply for a letter of probate to control the assets of the estate. But, in this case, it is a little more complicated.

Steps

Starting to Write

1

Keep the letter brief and straightforward as it is a legal document.

2

Confirm the situation whereby probate has been granted. Was it written in the will? Did the recipient apply because there wasn’t a will?

3

Clearly outline the obligations of the recipient so they know what is required of them.

4

Sign the letter to make it legally binding.

Sample Letters

Letter of Probate Sample


Debra D. Lee

578 Sycamore Circle
Atlanta, GA 30305

 

Dear Ms. Lee,

You are hereby authorized to distribute the assets contained in the will of the deceased, Jerry Lee, as per his wishes.

 

You are to distribute all the assets listed in his will according to the directions he left. You will be required to work in conjunction with his lawyer. His lawyer will have a copy of all applicable legal documents and the actual will.

 

You are to complete this task within 60 days.

 

Respectfully,

Justice Brown

Nassau County Judge

Letter of Probate Malaysia Sample


Probate is hereby granted to Aishah Samrita of Malaysia, as the Executor/Trustee in the estate of the late Mr. Elwin Higgins.

 

You are hereby given power by this letter, to carry out, execute and exercise all powers, acts, functions and duties in the said estate, particularly as it concerns the following:

 

(1) The sum of $2,000,000.

(2) Property valued at $5,000,000.

 

You are required to divide up these assets according to the wishes outlined in Mr. Higgins’ will.

 

Failure to fulfill these obligations may result in penalties under the law.

 

Signed

Barry Smith

Probate Registrar of the UK

Letter of Probate BC Sample


Probate is hereby granted to Todd Newburger of British Columbia (BC), Canada, as the Executor/Trustee in the estate of the late Mrs. Cindy Boone.

 

There was no will written by Mrs. Boone, but as next of kin you are hereby given power by this letter, to carry out, execute and exercise all powers, acts, functions and duties in the said estate, particularly as it concerns the following:

 

(1) Property valued at $250,000.

(2) Personal belongings valued at $3,000.

 

Failure to fulfill these obligations if accepted may result in penalties under the law.

 

Signed

Morton Hayes

Canadian High Court

Letter of Probate Ontario Sample


Dear Dewy Chernoff, of Toronto, Ontario, Canada,

You are hereby certified Estate Trustee with a will, in the estate of Mrs. Hilda Pierson, who passed away on March 06, 2011.

 

You are legally obligated to execute the will of Mrs. Pierson, including dividing all assets, including the property located at 23 Daniel Street, Alton, Ontario, L7K UT6, and any personal belongings.

 

Signed

Alfred Morris

Ontario County