As amended through August 22, 2024
Rule 39 - Issuing and Recording Letters of Appointment(a) Definition. "Letters of appointment" is a document the clerk issues, pursuant to a court order, that authorizes a personal representative, guardian, or conservator to act for the estate or subject person.(b) Power to Act. A personal representative, guardian, or conservator may not act on behalf of the estate or the subject person until the clerk has issued letters of appointment.(c) Duration of Appointment. If the duration of the appointment of a personal representative, guardian, or conservator is limited by statute or court order, the letters of appointment must state the appointment's termination date.(d) Limitation of Authority. If the court restricts the authority of a personal representative, guardian, or conservator, the letters of appointment must include the language of the court's order restricting that authority.(e) Certified Copies. Before issuing certified copies of letters of appointment, the clerk must verify that the appointment of the personal representative, guardian, or conservator is in effect.(f) Recording Personal Representative's Letters of Appointment. No later than 10 court days after issuance of the letters of appointment, a personal representative must record a certified copy of the letters of appointment with the county recorder in any county of this state where the decedent owned real property that is subject to court-ordered restrictions. No later than 45 calendar days after a county recorder has recorded the letters of appointment, the personal representative must file a copy of the recorded letters with the court.(g) Recording Conservator's Letters of Appointment. No later than 10 court days after issuance of the letters of appointment, a conservator must record a certified copy of the letters of appointment with the county recorder in every county of any state where the protected person owns real property. No later than 45 calendar days after a county recorder has recorded the letters of appointment, the conservator must file a copy of the recorded letters with the court.Amended Aug. 29, 2019, effective 1/1/2020.