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| What are the Letters of Administration and Letters Testamentary? |
| Introduction |
| Regardless of whether you die with a will or without a will, your estate will go through a probate process, which is the court process that an estate goes through if you left a will, or an intestate estate administration process, which is a similar court process that an estate goes through if you die without a will. |
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| Letters of Administration Issued for Intestate Estate Administration |
If you die without a will, the estate will go through a court process that is often referred to as "intestate estate administration," but is otherwise referred to as "probate" in certain jurisdictions that don't differentiate the terms for the estate administration process that takes place for a decedent that left a will or died without one.
If you die intestate, or without a will, your estate will go through a court-supervised intestate estate administration process. The court elects an administrator/executor to give him/her the power to perform the duties of an estate administrator by way of issuing a Letters of Administration. Generally, a Petition is filed with the court to initiate the estate administration process, along with ancillary documents including the death certificate of the deceased, etc. The court reviews the documents that the estate administration attorney submits to the court. When the court is satisfied with the documents that the attorney has submitted to the court for the estate administration of the deceased, the court will issue a Letters of Administration which appoints and gives permission to the elected administrator/executor to distribute assets of the deceased to the heirs, etc. |
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| Letters Testamentary Issued for a Will |
| When you die with a will, your estate will generally go through probate in the state in which you died. You name an executor of the will at the time you prepare the will; therefore, unlike in the event of an intestate estate administration, the executor that is named in the will adheres to the instructions in the existing will to distribute assets to the heirs of the deceased, etc., after your death. |
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| Why you need a Letters of Administration or Letters Testamentary to be Issued |
| The Letters of Administration and Letters Testamentary both grant the administrator/executor the authority to manage financial and other matters with respect to completing the estate administration of the deceased’s estate. Without such court-issued documents, the administrator/executor will not be able to do anything to administer the estate of the deceased. For example, an administrator/executor will need to take the Letters of Administration to a bank before the bank can reveal the account balance of the deceased’s account, etc. to the administrator/executor. |
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| Conclusion |
| It will be good for you to understand that the Letters or Administration and Letters Testamentary must be issued by the court before your administrator/executor can do anything to proceed with your estate administration process. |
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| Free Webinar on the Importance of Preparing Trusts in the United States Offered in August |
| Attorney Yuka Hongo is offering a free webinar in August for Japanese nationals interested in creating trusts in the United States as part of estate planning. Don't miss this opportunity to learn how trusts, asset protection, and estate planning tailored to your unique multi-national needs can benefit your family's future. The webinar will be held on Wednesday, August 21, 2024. Click here to register. |
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| Free New York Seminar on the Importance of Preparing Trusts in the United States for Japanese Nationals in October |
| Attorney Yuka Hongo is offering a free one-hour in-person seminar in New York City for Japanese nationals interested in creating trusts in the United States as part of estate planning. Don't miss this opportunity to learn how trusts, asset protection, and estate planning tailored to your unique multi-national needs can benefit your family's future. The seminar will be offered October 11 and October 18, 2024. Click here for more information and to register. |
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| Client Comments |
| "Lawyers in the U.S. can be difficult to talk to at times, but I think people find it easy to talk to Ms. Hongo. I also like the fact that Ms. Hongo follows up with her clients on a timely basis." |
| Sachiko Trillo, Honolulu |
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| "Hongo Tsuji Tax & Consulting, our accounting firm, introduced me to Ms. Hongo. I consulted her with regards to estate planning, and I appreciated the fact that she took care of our documents in a timely manner." |
| K.A., Tokyo |
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| "I appreciated Ms. Hongo's professional expertise and the kind way in which she took care of our matter. I am truly happy that she helped us." |
| Mitsuko Seto, Osaka |
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| "Ms. Hongo not only prepared my trust, but also took care of legal matters involving my company. Her fee is reasonable and she follows up with you in a timely manner." |
| S. Suzuki, Company Owner |
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| "Ms. Hongo took care of our matter in a kind manner. We liked the fact that her office was located in Waikiki, near our home." |
| Sugiyama, Waikiki |
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| "I became a successor to 2 condominiums that my wife owned in Hawaii, after my wife passed away. Ms. Hongo took care of our probate matter in a short timeframe of 1 year. We feel very grateful to her." |
| Shuichi Sakamoto, Nasu |
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| "Our clients were very satisfied with Ms. Hongo's service because she was able to explain matters such as probate in an easy-to-understand manner. Ms. Hongo is someone we can rely on for any matter." |
| Noboru Ohhashi, List Sotheby's, Tokyo |
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| "Given that the U.S. real estate recording process and its pertaining laws differ from those of Japan, and it is difficult to learn about them in English, I appreciated Ms. Hongo being able to explain them to me in an understandable manner. I would like to seek her help in the future for other matters." |
| K. Iwasaki, Honolulu |
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| "Ms. Hongo helped me with the estate planning for my real estate in Hawaii. I was glad she was able to help me during her visit in Japan." |
| S.T., Kawasaki |
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| "It was our long-term goal to prepare a trust for our family. We are now able to take the next step in our lives, as Ms. Hongo applied her proficient bilingual skills to efficiently take care of our matter. We are very grateful for what she did for us." |
| A.P., Honolulu |
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| Attorney Yuka Hongo has been included as an honored listee in Marquis Who's Who for 2024. Marquis has chronicled the lives of accomplished individuals and innovators since 1898. |
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| Hongo Law Office LLLC is proud to have been acknowledged as one of the "Best Probate Attorneys in Honolulu for 2024" by Expertise.com. |
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| Attorney Yuka Hongo has been named a 2023 Elite Lawyer in the area of Estate Planning in Hawaii. The award recognizes attorneys who have displayed a high level of competence in their practice. |
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| You're invited to call or email |
"If you have questions about estate planning and administration, please don't hesitate to call. I'll be glad to hear from you." – Yuka
Call (808) 237-9944 or email yuka.hongo12@gmail.com |
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| Meet Yuka Hongo, Esq. |
| Yuka Hongo is a respected estate planning attorney based in Honolulu, Hawaii. She has practiced law for 10 years and is fluent in both English and Japanese. |
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Practice Areas: Yuka represents clients in matters related to estate planning such as the preparation of trusts, wills, and Transfer on Death Deeds. She also provides a service in the area of estate administration, including probate.
Education: In 2000, Yuka graduated from Oberlin College (Oberlin, OH), where she earned a Bachelor of Arts Degree in Economics and East Asian Studies. In 2004, she graduated from Loyola Law School (Los Angeles, CA), where she earned her Juris Doctor Degree. In 2022, Yuka graduated from Keio University (Tokyo, Japan) where she earned a Master of Laws Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, the District of Columbia Bar, and New York Bar Associations. Yuka is a member of the International Law Section of the Hawaii State Bar.
Additional Qualifications: Yuka is a Certifying Acceptance Agent who can obtain the ITIN tax number for foreigners in the U.S. In addition, she is a life insurance agent and a licensed notary public in Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth experience including complicated translations working with both languages.
Multicultural Background: Yuka has experience living and working in both the U.S. and Japan and has a thorough understanding of both cultures and the people who live in both countries. In addition, she loves working with people from other multicultural backgrounds, and working on international matters.
Accounting Experience: Yuka worked for the Tokyo office of a prominent U.S. accounting firm for the past number of years and has extensive experience working with tax and legal issues that arise from cross-border transactions.
Educational Presentations: Yuka has presented seminars in Japan relating to Transfer on Death Deeds in Hawaii and trusts in the United States.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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