If your loved one passed away due to toxic exposure at Camp Lejeune and your family is now pursuing a wrongful death settlement, the probate process is a critical legal step. Before any funds from a Camp Lejeune Justice Act claim can be released, the claimant-typically the personal representative of the deceased's estate-must be legally authorized to act on behalf of the estate. This often requires securing Letters Testamentary (if there is a will) or Letters of Administration (if there is no will).
At Heritage Law Office, we help families navigate this process with clarity and efficiency. Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
Understanding the Need for Probate in Camp Lejeune Cases
In wrongful death claims tied to the Camp Lejeune Justice Act of 2022, funds cannot be distributed to surviving family members until a probate court has officially appointed a personal representative (PR) of the estate. That PR must have court-issued documentation confirming their authority.
This is not just a formality. The U.S. government requires legal proof that the individual signing settlement documents on behalf of a deceased person's estate is authorized to do so.
Why Probate Is Required
Even if there is a clear will or a surviving spouse, the government cannot disburse funds without formal estate administration. That includes:
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Establishing legal authority through letters testamentary or administration
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Ensuring creditors and other heirs are properly notified
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Avoiding future disputes over the legitimacy of the settlement acceptance
What Are Letters Testamentary or Letters of Administration?
These are legal documents issued by a probate court that grant a personal representative the power to act on behalf of a deceased person's estate.
Letters Testamentary
Issued when the decedent left a valid will and named an executor. These letters empower the executor to:
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Accept settlement funds
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Sign releases
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Pay debts
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Distribute funds to beneficiaries
Letters of Administration (Also Known as Domiciliary Letters in Some States)
Issued when there is no valid will. The court appoints an administrator, typically a close relative, and grants similar powers through Letters of Administration (also called Domiciliary Letters in some jurisdictions).
Which One Do You Need?
That depends on your specific family situation:
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Was there a will?
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Where did the decedent reside at death?
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Is the person seeking authority a named executor or a next-of-kin?
We assist clients in evaluating the proper procedure and expediting the right application.
How a Lawyer Helps You Obtain Letters Testamentary
Probate is a legal process. And while many families feel overwhelmed by it, our attorneys streamline every step:
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Determining Jurisdiction: We identify the correct state and county probate court to file in, based on domicile and assets.
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Preparing and Filing Petitions: We draft court petitions and all required affidavits, waivers, and notices.
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Handling Notice Requirements: We ensure proper notification to all interested parties, including heirs and creditors.
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Representing You at Hearings: If a court appearance is required, we'll handle it or coordinate with local counsel.
We represent personal representatives in probate courts so they can legally accept Camp Lejeune settlements.
Common Challenges in Camp Lejeune Probate Matters
Camp Lejeune claims bring unique complexities. Here are a few our clients often face:
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Out-of-state claimants: Many heirs reside in different states than the decedent.
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Missing or invalid wills: If the will was never filed or properly executed, letters testamentary may not be issued.
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Tight deadlines: Settlement offers from the government often come with short timeframes for acceptance.
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Multiple heirs: Probate ensures all heirs are identified and their rights protected, avoiding future disputes.
How Long Does It Take to Get Letters Testamentary or Administration?
The timeline for securing legal authority depends on the jurisdiction and whether the estate is contested. In general:
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Uncontested estates with all documents in order can receive letters within 2 to 6 weeks.
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Contested or complex estates (e.g., missing heirs, disputes over the will) may take several months.
Our goal is always to expedite the process without compromising legal accuracy. We work closely with courts and use streamlined filings to keep your claim on track.
Steps to Take If You Need Probate for a Camp Lejeune Claim
If you're dealing with a Camp Lejeune wrongful death claim and have not opened a probate estate, here are the next steps:
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Gather key documents:
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Death certificate
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Will (if any)
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Contact information for heirs
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Settlement paperwork from the Camp Lejeune claim
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Contact a probate attorney: Time is critical. Call 414-253-8500 or use our online contact form to start the process.
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Open the estate: Your attorney will file a petition in the proper probate court, requesting appointment of a personal representative.
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Obtain court approval: Once the court issues Letters Testamentary or Administration, the estate can move forward in accepting the Camp Lejeune offer.
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Complete settlement acceptance: Only after the court-ordered letters are in hand can the personal representative sign a release and accept funds.
Avoiding Delays in Camp Lejeune Claim Payouts
Camp Lejeune settlements are subject to federal review and processing, and probate delays are one of the top causes of claim slowdowns. Without the necessary letters:
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Settlement funds are held in limbo
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The government may rescind or reduce offers
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Families experience unnecessary financial stress
By retaining experienced counsel, you reduce risks and ensure the estate remains eligible for its rightful compensation.
Do You Need Probate in the State Where the Decedent Lived?
Yes. Probate must typically be opened in the state where the deceased was domiciled at the time of death. Even if surviving heirs or the Camp Lejeune attorney is located elsewhere, the probate court in the decedent's home state is usually the one with jurisdiction.
If the estate owns property in another state, ancillary probate may also be required. Our attorneys handle primary and ancillary proceedings, coordinating with out-of-state courts when needed.
What Happens After You Receive Letters Testamentary?
Once the personal representative has court authority, the estate can:
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Accept and finalize the Camp Lejeune settlement
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Open an estate account to receive funds
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Pay valid estate debts
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Distribute remaining assets to heirs under the will or state intestacy law
We assist in closing the estate efficiently after the settlement is completed.
Contact an Attorney for Camp Lejeune Probate Processing
If you're pursuing a Camp Lejeune wrongful death claim and need probate assistance, Heritage Law Office is here to help. We work with families across the country to open probate estates, obtain Letters Testamentary or Administration, and ensure settlements are properly accepted.
Our attorneys are experienced in handling probate matters tied to federal claims. Whether you have a will or are facing intestate succession, we guide you through every legal step.
Call us today at 414-253-8500 or contact us online to get started. Prompt legal action can help secure your family's rightful compensation without delays.
Frequently Asked Questions (FAQs)
1. What are Letters Testamentary and why are they needed in Camp Lejeune claims?
Letters Testamentary are documents issued by a probate court that authorize a personal representative to act on behalf of a deceased person's estate. In Camp Lejeune claims, they are necessary to legally accept a settlement offer, sign government release forms, and manage any distributed funds.
2. What if the deceased did not have a will?
If there is no valid will, the court will issue Letters of Administration to appoint a personal representative-typically a close family member. This person will have similar authority as an executor to handle estate matters, including accepting a Camp Lejeune settlement.
3. Can a probate attorney help if the estate is in a different state?
Yes. A probate attorney can coordinate filings across jurisdictions or engage local counsel if needed. It's critical to file in the state where the deceased was domiciled at the time of death, and experienced attorneys can manage multi-state complexities.
4. How long does it take to get court approval to act on behalf of an estate?
If the estate is uncontested and documents are properly prepared, it can take as little as 2 to 6 weeks to receive court-issued authority. However, disputes, missing documents, or notice issues can extend the process. Working with a probate lawyer helps avoid unnecessary delays.
5. Is probate always required for Camp Lejeune wrongful death claims?
In most cases, yes. Even if the family agrees on who should manage the estate or there is a will, the U.S. government requires legal proof-such as Letters Testamentary-before disbursing settlement funds. Skipping probate could result in lost or delayed compensation.
6. What are Domiciliary Letters and how do they differ from Letters Testamentary?
Domiciliary Letters are the equivalent of Letters of Administration, issued when a person dies without a will. They authorize a court-appointed administrator to act on behalf of the estate. In contrast, Letters Testamentary are issued when a will names an executor. Both serve the same legal function in settling Camp Lejeune claims.