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Simple English definitions for legal terms
domiciliary letters testamentary
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A quick definition of domiciliary letters testamentary:
Definition: Domiciliary letters testamentary are legal documents issued by a probate court that give permission to an executor named in a will to manage and distribute the assets of a deceased person's estate. These letters are issued in the place where the deceased person was living at the time of their death. Ancillary letters testamentary are similar documents issued in places where the deceased person owned property but did not have their primary residence. The executor or administrator is only authorized to act within the jurisdiction of the court that issued the letters testamentary.
A more thorough explanation:
Definition: Domiciliary letters testamentary are probate-court orders that approve the appointment of an executor under a will and authorize the executor to administer the estate. These letters are issued at the place where the testator was domiciled.
Example: When John passed away, he left a will that named his daughter, Sarah, as the executor of his estate. The probate court in the county where John lived issued domiciliary letters testamentary to Sarah, giving her the legal authority to manage and distribute John's assets according to his wishes.
Explanation: In this example, the domiciliary letters testamentary were issued in the county where John lived and where he considered his permanent residence. This is important because it determines which court has jurisdiction over the probate process and which executor has the legal authority to act on behalf of the estate.