Question 1

What Are Letters of Testamentary?

Accepted Answer

Courts issue “letters testamentary” or “letters of administration” to authorize executors or administrators to manage a deceased person’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.

Question 2

How Do You Obtain Letters of Testamentary in Texas?

Accepted Answer

Texas law sets out the necessary procedures for obtaining letters of 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.

Question 3

How Much Do Letters of Testamentary Cost?

Accepted Answer

Obtaining letters of 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.

Question 4

How Long Does it Take to Get Letters of Testamentary?

Accepted Answer

Letters of 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.

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