Which document is issued by a probate court that gives an executor the power to act in a fiduciary manner on behalf of the estate?

Which document is issued by a probate court that gives an executor the power to act in a fiduciary manner on behalf of the estate?

• A. A tax form used for final settlement.
• B. A document issued by a probate court that gives an executor the power to act in a fiduciary manner on behalf of the estate.
• C. A court order foreclosing a will.
• D. A certificate of death.

Answer: (B)

In probate practice, the authority for someone named as executor to act for the estate is provided by letters testamentary, issued by the probate court after the will is admitted to probate. These letters give the executor fiduciary power to gather assets, pay debts and taxes, manage the estate, and distribute assets according to the will. They also serve as proof of authority when dealing with banks, title companies, and other institutions. If there is no will, the court issues letters of administration to an administrator, serving the same fiduciary role for intestate estates. The other options do not grant authority to act for the estate: a tax form is for reporting final settlements, not probate authority; a foreclosure order concerns real property mortgage actions, not estate administration; a certificate of death is just a record of death.

In probate practice, the authority for someone named as executor to act for the estate is provided by letters testamentary, issued by the probate court after the will is admitted to probate. These letters give the executor fiduciary power to gather assets, pay debts and taxes, manage the estate, and distribute assets according to the will. They also serve as proof of authority when dealing with banks, title companies, and other institutions. If there is no will, the court issues letters of administration to an administrator, serving the same fiduciary role for intestate estates. The other options do not grant authority to act for the estate: a tax form is for reporting final settlements, not probate authority; a foreclosure order concerns real property mortgage actions, not estate administration; a certificate of death is just a record of death.