Chapter 11: Transfers
11.110 Letters Testamentary
Chapter 11 Transfers
11.110 Letters Testamentary (CVC §5909)
An executor or executrix is the person named in a will to carry out the terms of the will. Upon petition, the Superior Court will verify the appointment of the executor in the will and issue Letters Testamentary which give the executor the right to administer the estate of the deceased and to dispose of any property. The executor may not grant power of attorney to another individual to act in his behalf for the estate.
In addition to the procedures listed in the Basic Transfer Requirements section in this chapter, the following must be submitted:
• The California Certificate of Title signed for the deceased owner and countersigned by the Executor/Executrix.
Example: Joe Smith, Executor for the Estate of Mary Roe
• The original, a certified copy, or photocopy of the certified copy of the Letters Testamentary. Letters Testamentary issued by an out-of-state court are acceptable.
Other Letters Acceptable for Transfer:
• Letters of Administration with Will Annexed may be accepted for the same purposes as Letters of Administration or Letters Testamentary. Letters of Administration with Will Annexed provide that the person designated has the same authority as the executor of a will.
• Letters Special Administration may be accepted for transferring vehicle ownership when they state that the appointee has “full authority” or “limited authority” and are supported by court documentation specifically covering the transfer of a property interest, or “no authority without a specific court order” and are supported by that court order.