When you try to access a deceased loved one's bank account, sell their car, or file a claim, you will almost always hit the same wall: the institution asks for "Letters of Testamentary." If you have never handled an estate before, that phrase can be baffling. This guide explains exactly what the document is and how to get it.
What Are Letters of Testamentary?
Letters of Testamentary are a short official document issued by a probate court. They prove that you — the executor named in the will — have the legal authority to manage and settle the deceased person's estate.
Think of them as your "permission slip." A death certificate proves someone died; Letters of Testamentary prove you are the person legally allowed to act for them. Banks, brokerages, insurers, the DMV, and the IRS will all ask to see a certified copy before they deal with you.
When Do You Need Them?
You will typically need Letters of Testamentary to:
- Access or close the deceased person's bank and investment accounts
- Sell or transfer real estate and vehicles
- File the final income tax return
- Collect money owed to the estate
- Pay the estate's debts from estate funds
If the estate is small and simple, you may be able to skip this step using a small estate affidavit instead. More on that below.
How to Get Letters of Testamentary: Step by Step
1. Locate the Original Will
You need the signed original, not a photocopy. Check safe deposit boxes, home safes, and with the deceased's attorney.
2. File a Petition With the Probate Court
File in the county where the deceased lived. You will submit the original will, a certified death certificate, and a petition to open probate and appoint you as executor.
3. Attend the Hearing (If Required)
Many courts schedule a brief hearing. Heirs and beneficiaries are notified and given a chance to object. If no one contests, the judge appoints you.
4. Take the Oath and Post Bond (If Required)
You may sign an oath accepting the executor role. Some courts require a bond unless the will waives it.
5. Receive Your Letters
Once appointed, the court issues the Letters. Request several certified copies — most families need five to ten, because many institutions keep the copy you give them.
What If There Is No Will?
If your loved one died without a will, the court issues Letters of Administration instead, and appoints an administrator (usually the closest relative). The process is nearly the same, and the authority granted is essentially identical.
How Long and How Much?
Most executors receive their Letters within two to six weeks. Expect a certified-copy fee of $5 to $25 each, plus a probate filing fee that varies widely by state. Complex or contested estates take longer.
How EstateWrap Helps
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