Being the executor of an estate is a massive responsibility. Executors must satisfy all the legal hurdles of the probate court and ensure that heirs and beneficiaries get the property they are entitled to.
Unfortunately, many legal requirements of probating a will can be challenging for executors to satisfy. One of the first legal hurdles is obtaining letters testamentary.
If you are the executor of a will or estate, Massingill Attorneys & Counselors at Law can help. We have experience obtaining Texas letters testamentary and assisting executors to satisfy all the requirements of the probate process.
Our experienced estate attorneys will provide straightforward advice at reasonable, flat-fee prices. Contact Massingill today and schedule a consultation.
What Are Letters Testamentary?
Letters testamentary are documents provided by probate courts that give a person the authority to administer a decedent’s estate.
Estate executors must obtain letters testamentary to perform their duties. These documents provide a means for an executor to prove their authority to third parties, such as financial institutions, government offices, and other officials.
Proof of authority allows the executor to access bank accounts, gather assets, and transfer property for the estate.
How to Get Letters Testamentary in Texas
Texas law sets out the necessary procedures for obtaining letters testamentary. First, an executor must file an application at the county court with jurisdiction over the decedent’s estate.
The executor will need the original will and a certified copy of the decedent’s death certificate to file an application.
Next, the executor must attend a probate hearing and present any documents or evidence the court requires. If everything goes well, the court will grant the executor letters testamentary within 30 days of the hearing.
Where to Get Letters Testamentary
The county clerk usually provides letters testamentary after a judge grants one. If you need help knowing where to probate a will or where to go for a letter testamentary, an experienced estate attorney from Massingill can point you in the right direction.
How Much Do Letters Testamentary Cost?
Obtaining letters testamentary is part of the standard probate process. The overall cost to probate a will in Texas differs based on the county where the will must be probated.
The costs of probate and other court costs, including attorney’s fees, should be paid out of the decedent’s estate and not the executor’s personal funds.
How Long Does it Take to Get Letters Testamentary?
Letters testamentary are usually granted within 30 days of the initial probate hearing. However, sometimes issues arise during the initial hearings, such as a will being contested, and additional hearings might become necessary. In these cases, the court will not grant letters testamentary until the issues are resolved.
Contact Massingill Attorneys & Counselors at Law Today
If you are the executor of an estate, legal representation is critical. Working with experienced estate attorneys will help you protect yourself and the estate’s assets.
Our skilled estate attorneys have years of experience working with executors and guiding them through the processes of administering an estate.
Our focus is handling the critical legal details, so executors can focus on the bigger picture. To get started, contact us today.
Where You Can Find Our Austin, TX Office
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
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