“We’ll need a letter of testamentary in order to release the funds.”
You’re just trying to figure out how to transfer assets and access financial accounts as executor of an estate. But you keep hearing from banks and nearly everyone else you call that you’ll need this mysterious letter of testamentary.
But what is a letter of testamentary, and how do you get one if you are an executor of someone’s estate?
This guide breaks it all down in simple terms. Keep reading for everything you need to know.
What is a letter of testamentary?
A letter of testamentary is a probate court-issued document that gives the executor of an estate the authority to manage that estate. In other words, it’s proof to financial institutions and other parties that you have the legal authority to act on behalf of the deceased person’s estate. The issuing of testamentary letters is one of the steps that occur during a probate court matter, and can only be done after the court has accepted a person as the executor of the estate.
A letter of testamentary may be necessary to officially manage the deceased’s estate in matters like:
- Filing taxes
- Transferring the ownership of homes and other real estate
- Transferring the ownership of vehicles
- Paying any remaining debts of the deceased
How much does a letter of testamentary cost?
The cost of a letter of testamentary will vary heavily by location, depending on average lawyer fees in your state, whether your state requires probate, and the complexity of your state’s judicial system.
In total, costs associated with getting a letter of testamentary can range from as little as $200 to more than $2,000 — depending on factors such as estate complexity, location, and lawyer involvement.
Keep in mind, obtaining a letter of testamentary is typically part of a broader probate process; so these costs are often included within overall probate fees and are usually paid by the estate rather than coming out of your pocket.
But regardless of your location, it won’t have a straightforward price tag. That’s because you don’t just go down to the courthouse and buy a letter of testamentary. You have to follow a process to get the document, and several steps in that process incur costs.
When do you need a letter of testamentary?
In general, you need a letter of testamentary any time you need to prove that you have authority to act on behalf of the deceased’s estate. That may encompass a large variety of situations and interactions, such as:
- Doing business with banks on behalf of the estate
- Opening an estate account
- Listing and finalizing the sale of the deceased’s property
- Transferring titles
- Selling vehicles
- Liquidating, closing, or transferring investments
- Managing the deceased’s business interests
- Collecting life insurance (if there is no living beneficiary)
- Negotiating debt settlements
When may you not need a letter of testamentary?
You may not need a letter of testamentary when there is no Will, the estate qualifies for streamlined probate or no probate, or the assets are in another living person’s name (not just the deceased’s).
Here are some other situations in which you may not need a letter of testamentary:
- For assets that have a named beneficiary, such as life insurance
- For assets held in a living trust (which often allows you to transfer property without probate)
- For certain government benefits that may transfer directly to a surviving family member
Of course, it’s possible (and common) that some assets in the estate won’t require a letter of testamentary while others will.
How to get letters of testamentary
Typically, the probate court will issue a letter of testamentary after it appoints you as the executor. The exact process will vary by state, but here is the general process for how an executor can start a probate and get a letter of testamentary in six steps:
- Find the original Will and confirm who is named as the executor. If you’re unsure whether the document qualifies as a valid Will, it may be helpful to understand the types of Wills your state recognizes. If there is no Will, you will need to follow a different process.
- Find the right probate court. The proper court is usually going to be in the county where the deceased lived. Try searching “[county name] probate court” online or calling the county clerk to ask.
- File the petition. You’ll need to submit a petition to open the probate process, alongside the Will and your request to be appointed as the executor.
- Notify required parties. In some states, you may be required to let heirs, beneficiaries, and creditors know that you’re opening probate.
- Attend the hearing. The court may require you to attend a brief hearing before appointing you as executor and issuing the letter of testamentary. This hearing is usually procedural — expect questions about your willingness to be the executor and confirmations of the deceased’s death and similar factors. You may also be asked to take an oath of fiduciary duty or obtain a probate bond.
- Request certified copies of the letter of testamentary. The court will issue the letter after the executor is appointed. And you can request certified copies. (Keep in mind that you typically will need more than one.)
Can you get a letter of testamentary without a Will?
Technically, you can’t get a letter of testamentary without a Will. But you can get a similar document called a letter of administration. And that document gives you the legal authority you need to manage the deceased’s estate.
You have to follow a different process to get a letter of administration. When someone dies without a Will — called dying “intestate” — there is no named executor. In that case, the court appoints an administrator who will have essentially the same authority and responsibilities; who the court appoints will depend on state law.
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Frequently asked questions
How many copies of a letter of testamentary do I need?
You will typically need one letter of testamentary for each party or institution that will require proof of your authority as executor. The total number will vary, depending on the unique details of your situation.
What is the difference between letters of administration and letters of testamentary?
The probate court issues a letter of administration when the deceased dies with no Will. It issues a letter of testamentary when the deceased dies with a Will. Both documents grant authority to manage the deceased’s estate.
How long does it take to get a letter of testamentary?
It typically takes anywhere from a few weeks to a few months to get a letter of testamentary. But the exact time frame will depend on the state, the complexity of the estate, the court’s case backlog, and similar factors.
Do you need a letter of testamentary when there is a trust?
No, you typically do not need a letter of testamentary with a trust, but if any of the deceased’s assets are subject to probate, you may still need a letter of testamentary.
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