What are letters testamentary?

Why an executor needs them

Being named in a will does not by itself give anyone legal power. Banks, brokerage firms, title companies, insurers and government agencies need proof that a court has confirmed the person's authority. Letters testamentary are that proof. With them, the executor can close or retitle the deceased's accounts, collect money owed to the estate, access safe deposit boxes, sell real estate, deal with the IRS, and sign documents on the estate's behalf.

Related documents

• Letters of administration — issued when there is no will, or the named executor cannot serve, appointing an administrator.
• Letters of administration with will annexed (administration c.t.a.) — when there is a will but no named executor is able or willing to serve.
• Letters of special or limited administration — narrower authority for a specific task, such as bringing a lawsuit or protecting property urgently.
• Letters of authority or letters of appointment — names used in some states for the same concept.
• Short certificate — Pennsylvania's name for the certified proof of appointment.

How to obtain them

1. Obtain a certified death certificate.
2. File the original will and a petition for probate with the probate court (called surrogate's court in New York, orphans' court in some Pennsylvania and Maryland counties) in the county where the deceased lived.
3. Notify heirs and beneficiaries as state law requires; some states require publishing a notice.
4. Prove the will is valid, often through a self-proving affidavit signed with the will, or through witness testimony if it is not self-proving.
5. Take an oath, and post a bond if the will does not waive it or the court requires one.
6. The court signs an order admitting the will and appointing the executor; the clerk issues the letters.

How long it takes

In an uncontested case, anywhere from a few days to a few months. States that follow the Uniform Probate Code allow informal probate, where a registrar can issue letters quickly without a hearing. Busy courts or objections from heirs can stretch the process considerably.

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Certified copies

Most institutions require a certified copy, bearing the court seal, dated recently — many insist on letters certified within the past 60 or 90 days. Executors usually order several certified copies at once for a small fee, and request fresh ones as needed during a long administration.

What letters do not do

Letters give authority, not ownership. The executor holds estate property as a fiduciary for creditors and beneficiaries and must follow the will, state law and any court orders. In states with supervised administration, the executor may still need court approval for major steps such as selling real estate. Letters also do not reach assets that pass outside probate — life insurance, accounts with beneficiaries, joint property and trust assets are handled by their own rules.

Other states

Letters issued in one state are not automatically effective everywhere. For real estate in another state, the executor usually needs an ancillary probate there, though some states accept foreign letters for collecting personal property through a simple filing or affidavit.

Revocation

A court can revoke letters if the executor mismanages the estate, fails to account, has a conflict of interest, becomes incapacitated or moves out of state where rules require residence. Beneficiaries who have concerns can petition the court for an accounting or removal.

Alternatives

If the estate is small enough, a small estate affidavit or summary procedure may allow heirs to collect property without letters at all. If everything passed through a living trust or beneficiary designations, no letters may be needed.

Practical tips

• Do not act for the estate — selling property or paying beneficiaries — before the letters are issued.
• Use the letters to obtain an EIN and open an estate bank account.
• Keep a copy with every transaction record.
• If the estate includes real estate, a business or disputes, hire a probate lawyer before filing.

Letters remain in force until the estate is closed and the executor is discharged.