No, not everyone can file for the letter. It must be someone with a vested interest in the estate.
Letters Testamentary, when there is a will or Letters of Administration when there is no will are needed to close out a decedent's bank accounts assuming they are in his/her name alone. This is because banks do not turn a deceased person's money to anyone but the person authorized to take it. Letters Testamentary and Letters of Administration are basically proof of a person's legal authority to handle an estate.
Generally, yes. Probate courts are open to the public in most cases.
Yes. There is no requirement that it be publicly recorded or disclosed. ==Clarification== In some cases a trust becomes public. A testamentary trust becomes open to the public when the estate has been filed for probate. In that case the public has access to the probate file so anyone can discover the extent of the property in the trust and the beneficiaries. In a non-testamentary trust the trust may become public if the trust owns real estate. In some jurisdictions a trust that owns real estate must be recorded in the land records. However, in that case the beneficiaries are not named only the trustees, the trustor and the property.
I dont think so. Not until they die. Its the same even if you werent.
In order to "claim" any property of a person who is deceased you would need to have legal standing under the laws of intestacy of the state where the decedent lived. You can check your status at the related question below. Check at the county courthouse probate court to see if anyone probated the estate of the decedent. If there is a file, get the name and address of the estate executor and inform the executor about this matter. If there is no file, then if you are a closely related family member you can open up probate and then receive a document called letters testamentary which you will present to the unclaimed property office to claim the funds. See my bio if you need further assistance.
Once a will has been presented for probate anyone can obtain a copy from the probate court file.
Any natural heir or anyone with a claim against the estate.
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.
No one, prior to death of the testator. Anyone, after it has been filed in Probate Court.
Once it goes into probate, it becomes public record, and anyone can look at it.
Yes. If it has been admittted to probate it is a public record and open to inspection by anyone. Go to the probate court where the will was probated and ask to see it or to get a copy of it (for a fee, of course).
Of course. Anyone can sue anyone for anything. Get a trained lawyer to evaluate the strength of your case before proceeding, though.