Letters Testamentary in California

Letters are issued by the superior court in the county where the decedent lived. A person filing a Petition for Probate (DE-111) asks to probate the will and be appointed executor (letters testamentary), or, with no will, administrator (letters of administration); the filing fee is typically $435 unless waived. Notice of the hearing is mailed to heirs and beneficiaries and published in a newspaper. If the judge appoints the representative, the representative files any required bond and a duty statement, and the clerk issues letters. A person has no power to administer the estate until letters are issued (a named executor may pay funeral costs and protect property before then). Bond can be waived by the will or by all beneficiaries in writing.

A person cannot serve as personal representative if they are a minor, are under a conservatorship of the estate or otherwise unfit, have grounds for removal, or are not a U.S. resident. The U.S.-residency bar does not apply to someone named as executor in the will. A bond is not required if the will waives it or all beneficiaries waive it in writing, but the court may still require one for good cause, and may require a bond from a nonresident personal representative even if bond was waived.