What Is a Letter of Testamentary and How Do You Get One?
Settling an estate can feel overwhelming, especially when faced with unfamiliar terms and processes. One such term you may encounter is the Letter of Testamentary—a critical document required to manage and close a loved one’s estate. But what exactly is it, and why is it important? This guide will walk you through everything you need to know about Letters of Testamentary and how to obtain one with ease.
What Is a Letter of Testamentary?
A Letter of Testamentary is a legal document issued by a probate court, granting an Executor the authority to act on behalf of a deceased individual’s estate. This document enables the Executor to manage critical tasks such as:
- Paying off debts and taxes
- Accessing and closing accounts
- Distributing assets to beneficiaries
Paired with a valid death certificate, a Letter of Testamentary provides the Executor with the authority needed to fulfill their fiduciary responsibilities.
How to Obtain a Letter of Testamentary
Here’s a step-by-step guide on how to secure a Letter of Testamentary from the court:
- Be named as an Executor
You are typically appointed as Executor through the deceased’s Will. If no Will exists, a court may assign someone as an Administrator (similar to an Executor). - Gather Required Documents
To file for a Letter of Testamentary, you’ll need the following:
✔︎ A copy of the Will (if available)
✔︎ The death certificate
✔︎ Any court-required forms
✔︎ Your personal information to verify your role as Executor
- Submit a Petition to Probate Court
File the required documents, forms, and any associated fees with the local probate court. A court hearing date will then be scheduled. - Attend the Court Hearing
During the hearing, the court will review the Will (if applicable) and assess your suitability to serve as Executor. Once approved, the court will issue the Letters of Testamentary. - Request Multiple Copies
Many financial institutions and agencies may require original copies of the document, so it’s a good idea to request several copies.
Costs Associated with a Letter of Testamentary
While the physical Letter of Testamentary typically costs between $5 and $20 per copy, additional costs are often associated with the probate process, such as:
- Filing Fees
Ranging from $50 to $1,200, depending on local court fees. - Probate Attorney Fees
If you hire a probate attorney, fees can vary widely based on the complexity of the estate, starting at approximately $2,000.
Can You Get a Letter of Testamentary Without a Will?
Yes, it’s possible to obtain a similar document even if the deceased did not leave a Will. When someone dies intestate (without a Will), the probate court appoints an Administrator, often a close family member. This individual is issued Letters of Administration, which provide the same authority as a Letter of Testamentary.
Letters of Testamentary vs. Letters of Administration
While both documents grant authority to manage an estate, the difference lies in how the individual is appointed:
- Letter of Testamentary
Issued when an Executor is named in a valid Will. - Letter of Administration
Issued when there is no Will, and an Administrator is appointed by the court.
Do You Need a Letter of Testamentary if There’s a Trust?
No, you won’t need a Letter of Testamentary to administer a Trust. Trusts bypass the probate process entirely, allowing for smoother and faster asset management and distribution. This is one reason why creating a Trust can ease the burden on those you leave behind.
Why Proper Planning Matters
Estate planning doesn’t have to be intimidating or time-consuming. By understanding the necessary documents—like Letters of Testamentary—you can take proactive steps to ensure your family experiences as little stress as possible when settling your estate.