Guide · Documents
Letters testamentary explained
Letters testamentary are the court order that proves your authority as executor. How to petition, typical timelines, and uses.
Letters testamentary are a one-page court order naming you as executor of the estate. Banks, brokerages, the IRS, and the DMV require an original certified copy before releasing assets or transferring title. You petition the probate court with the original will, the death certificate, and a filing fee.
Step by step
Locate the original will
Letters issue from the court that admits the will to probate. Without the original, the court may require a separate proof-of-lost-will hearing first.
File the petition
Submit the will, a certified death certificate, and a petition for probate at the county probate court. Most filing fees range from $50 to $400.
Attend the hearing
The court holds a short hearing, often uncontested, to confirm the will's validity and your appointment as executor.
Receive letters testamentary
The court clerk issues letters, a one-page document with the court seal. Order five to ten certified copies the same day.
Open the estate bank account
Take a copy to the bank, along with the EIN, to open the estate's account. Use that account for all estate income and expenses.
Common questions
How long does it take to get letters?
From filing to issuance typically runs two to eight weeks, depending on the court's calendar. Several states allow expedited issuance for small or uncontested estates.
Letters testamentary vs letters of administration?
Letters testamentary issue when there is a will. Letters of administration issue when there is no will and the court appoints an administrator under intestate succession.