Q: How do I get letters testamentary without the probate process?
Relative died with a living trust and a pour over will. I am Executor and Trustee. Debts are resolved. Some funds in stocks not in trust.
A: Letters of Administration can only be obtained by going through probate. Consult a probate attorney for help navigating the legal process.
Revocable Living Trusts and Pour-Over Wills are used less frequently in Georgia, although they are very common in many parts of the country.
Under a Georgia Pour-Over Will when you pass away, any leftover assets are to be distributed to your living trust, thus avoiding probate. Your property is then distributed to your successor trustee as trustee for the benefit of the trust beneficiaries. Consult an attorney to review the Pour-Over Will and Trust, and for help ensuring any leftover assets are properly distributed.