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  1. #1
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    Jun 2019
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    Default Recording Letters of Administration

    My question involves estate proceedings in the state of: California

    Can anyone please tell me what it means to record Letters of Administration with the County Clerk Recorder?

  2. #2
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    Mar 2013
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    16,953

    Default Re: Recording Letters of Administration

    Recording any document with the County Recorder involves taking the original to the Recorders office, paying a fee, and leaving the document so it can be assigned a recorder number and scanned into the records. Then they mail it back to you though I suppose you can arrange to pick it up.

    I'm not sure you should have to record the Letters of Administration. They are already public record with the probate court.

    What makes you think that you have to record them?

  3. #3
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    Default Re: Recording Letters of Administration


  4. #4
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    Default Re: Recording Letters of Administration

    Quote Quoting Mike-CA
    View Post
    My question involves estate proceedings in the state of: California

    Can anyone please tell me what it means to record Letters of Administration with the County Clerk Recorder?
    I'm not sure I understand the question or the responses thus far including the reading of the thread on another site.

    Letters of Administration or Letters Testamentary are issued by the probate courts and are sealed with the court seal. Why would anyone have to have them recorded by the County Clerk? They are already recorded with the probate court and as AJ posted, are public record.

  5. #5
    Join Date
    Jan 2006
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    38,646

    Default Re: Recording Letters of Administration

    I suspect the op may have misunderstood a term used in the process when obtaining letters of administration. One submits a form de-140 to the court seeking the court order (open) probate. Once the judge signs the order, the applicant submits a form de-150 to the clerk of the court (that is the reference I suggest op may have misunderstood to refer to the county clerk who also records documents) who records the order and signs and affixes a seal to the application for letters. Of course, the court clerk records such documents regarding the probate.


    Other than that, the question is it’s own answer. To record anything with the county recorder, you do as adjusterjack described and have the document recorded. I have found no requirement to record one’s letters with the county recorder but my research is surely not exhaustive. The only issue I can imagine where recording one’s letters might be appropriate is when recording a deed transferring property from the estate to another party. Op can simply call the recorders office and ask if that is necessary, or even allowed. The county recorder is to record only documents allowed or required by law. If the letters aren’t required nor allowed, the recorder will simply reject the submission.


    If its something else, op needs to expand on their question.

  6. #6
    Join Date
    Jun 2019
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    4

    Default Re: Recording Letters of Administration

    Thanks for the reply. There was confusion when I went to file change of ownership papers with the assessor they didn't accept them. I had no idea about recording until she said to do it.

    Here's her response via email:

    "I apologize for any confusion.
    When we spoke, it was my understanding that you were recording the Letters of Administration with the Calaveras County Recorder’s Office. I had explained that when you record the Letters of Administration, you can submit all your forms at the same time to the Recorder’s Office.

    However, if you will not be recording the Letters of Administration, please submit the BOE-502, the BOE-58-AH, and the BOE-502-A to this office at your earliest convenience. "

    So perhaps the clerk was confused?

  7. #7
    Join Date
    Jan 2006
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    38,646

    Default Re: Recording Letters of Administration

    You don’t Submit a bunch of forms to the county clerk. You submit probate forms to the court clerk. Yes, i think the person communicating with you is a bit confused.

  8. #8
    Join Date
    Jun 2019
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    4

    Default Re: Recording Letters of Administration

    If it's confusing even for the Assessors office then I don't feel so bad.
    I actually tried to submit them to the court clerk initially but they said they don't take them. I think these particular forms get submitted to the Assessor's office.

  9. #9
    Join Date
    Jan 2006
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    38,646

    Default Re: Recording Letters of Administration

    There is a lot of info provided by the state on this process available on the Internet. Sometimes simply googling the form number provides useful info. I have often found instructions regarding forms not included with the form when doing that.

  10. #10
    Join Date
    Jun 2019
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    4

    Default Re: Recording Letters of Administration

    Cool thanks. I have done some of that, props to the Santa Clara county site they have good instructions.

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