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I have a will in my possesion which was drawn up by a now deceased person. I am named as the executor. There are a few hundred doallars in the deceased's checking account and some outstanding bill which exceed that amount which could be paid. Do I simply go to the bank and show them the will in order to write checks against the balance, or do I need to consult an attorney or government agency first? Additionally, I was left some 'book rights' from some pulications which the deceased authored. Do I simply furnish the publishing company with a notorized copy of the will in order to start receiving royalty checks?

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Los Angeles, California

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Customer (name blocked for privacy)

Hello,

Unfortunately, the will will not be sufficient for the bank or the publisher to make the property yours. In order to become the legal representative of the estate (executor), you will need to file the will in court (sometimes called a probate proceeding). Once qualified and appointed executor by the court, you should recieve a document from the court called 'letters testamentary'. That document will be what you need to provide to the bank, publisher, or any other property that the decedent may own.

There is more to a probate besides getting these letters. You will likely need the assistance of a probate attorney to handle this estate from start to finish.

Thank you,

Michelle

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