Sub-pillar
Letters testamentary
The single document that turns the will's named executor into a person every bank, broker, and agency will recognize.
Letters testamentary are issued by the probate court after a will is admitted, naming the executor and giving them authority to collect assets, pay debts, and distribute the estate. Most counties issue them within two to eight weeks of filing. Fees range from about $50 to over $1,200 by state.
What they are
| Issued by | The county probate court where the deceased lived |
|---|---|
| Requires | The original will, a certified death certificate, and a petition for probate |
| Typical timeline | Two to eight weeks from filing |
| Filing fee | About $50 to $1,280, depending on the state |
| Without a will | The court issues letters of administration instead, naming an administrator |
Step by step
Find the original will
Courts require the original, not a copy. Check the home safe, attorney files, and the county clerk where the will may have been deposited.
File at the county probate court
Submit the will, a certified death certificate, and a petition for probate in the county where the deceased lived.
Pay the filing fee
Fees range from about $50 in low-cost states to over $1,200 in New York. Fee waivers are available for low-income petitioners in most counties.
Attend the appointment hearing
Most uncontested appointments are handled in a short hearing or by paper review. The court confirms the will and your authority.
Order certified copies
Once issued, order five to ten certified copies. Each bank, brokerage, and the IRS will require an original copy.
Open the estate bank account
Use a certified copy and the estate's EIN to open an account in the estate's name. All estate income and expenses flow through it.
By state
Letters testamentary, state by state
Filing fees, court names, and timelines vary. Pick the state where your relative lived.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Common questions
What are letters testamentary?
A court order naming you as executor and giving you authority to act for the estate. Banks, the IRS, and the DMV require them before they release assets or change records.
What if there is no will?
The court issues letters of administration instead and appoints an administrator under the state's intestate succession statute. The authority is similar.
How long does it take?
Most counties issue letters within two to eight weeks of filing, depending on the court's calendar and whether the petition is contested.
Do I need a lawyer?
Most states allow you to petition without one. Contested petitions, business interests, and multi-state real estate usually benefit from counsel.
How much does it cost?
Filing fees alone range from about $50 to over $1,200 by state. Add certified copies, publication of notice, and any bond the court orders.
Related: Probate · Small estate affidavit · After a death