What is a letter of testamentary?

Having a last will and testament is an important step in planning for your future. This legal document lets you decide what happens to your estate after you pass away, including who should take care of your minor children, look after your pets, and receive your property.

Choosing an executor is one of the most important decisions you can make when creating a will. Your executor is responsible for managing your estate according to your final wishes.

If you’ve been named executor of a loved one’s will, you’ll need to start the court-supervised process of overseeing and distributing their estate. However, this process — called probate — can’t begin until the court grants you permission. This means you’ll first need to get a letter of testamentary.  

What is a letter of testamentary?

Even though the will-maker named you as executor in their will, the probate court needs to approve your nomination before you can assume the role. Letters of testamentary are court-issued documents that grant you the legal authority to act as executor of a will.

A letter of testamentary gives you the official go-ahead to settle your loved one’s affairs and distribute their property according to their wishes, including accessing and managing their assets. For example, a bank or other financial institution may ask for a letter of testamentary before they’ll release the contents of the deceased’s accounts to you.

With a letter of testamentary, you can:

• Access bank or other financial accounts
• Handle property or real estate
• Pay outstanding debts
• File taxes
• Distribute assets

How do I get a letter of testamentary?

The process may vary depending on where the deceased was living when they passed away, but you’ll likely need to do the following to obtain a letter of testamentary:

1. Gather necessary documents

You’ll want to start by gathering the documents you’ll need to apply for a letter of testamentary. This usually includes:

• The deceased’s death certificate
• Their original last will and testament
• Proof of your identity, like a valid driver’s license or passport

Depending where your loved one lived, additional forms or paperwork may be required. Talk to the local court or an estate attorney for more information on what’s needed in your case.

2. Submit your application

After you’ve collected the right documents, you’ll need to petition the court for a letter of testamentary. To do this, you’ll need to fill out an application (sometimes called a “probate petition form”), which you can get from your local court, county office, or an estate attorney.

You’ll need to file the completed form with the probate court in the county where your loved one lived when they passed away.

3. Appear in court

Your application then has to be verified and approved during a court hearing. You’ll have to attend this hearing, where a judge will evaluate the validity of your loved one’s will and your ability to serve as executor. Among other things, they’ll make sure you’re a legal adult (18 in most states) of sound mind (meaning you’re capable of making decisions and understanding the impact they have).

4. Be approved by a judge

Once the judge declares the will is valid and verifies that you’re qualified to serve as executor, they’ll approve your request and issue you a letter of testamentary. You can then use this document to prove your legal authority to administer your loved one’s estate according to their will.

Frequently asked questions

How long does it take to get a letter of testamentary?

It can take several weeks or even several months to get a letter of testamentary. This often depends on the state the deceased lived in and how busy the courts are when you begin the process.

How much does a letter of testamentary cost?

The cost of a letter of testamentary can vary depending on the state or county where the deceased lived, often only costing a few dollars per copy. In addition to the document itself, there are often other costs associated with obtaining a letter of testamentary. This can include court costs, processing fees, or attorney fees.

Some institutions, like banks or brokerage firms, may require the original letter of testamentary document instead of a copy. As a result, you may end up ordering multiple letters of testamentary from the probate court, which could cost extra.

Can I get a letter of testamentary without a will?

If someone dies without a will — and therefore didn’t name an executor — you don’t need to apply for a letter of testamentary. Instead, the probate court will choose someone to settle the estate. This person is called an administrator.

Like an executor, an administrator is responsible for distributing assets and administering the estate. But while an executor is named in a will, an administrator is selected by the court. In this case, the administrator will need to obtain letters of administration to prove their authority to serve, not a letter of testamentary.

Do I need a letter of testamentary with a trust?

No. Unlike a will, assets in a trust aren’t subject to the probate process. Trusts are managed by a trustee, who oversees the distribution of trust property according to trust documents — not the probate court.

Simplify the process for your loved ones

If you’ve been nominated as executor of a loved one’s will, you’ll need to get a letter of testamentary before you can start your responsibilities. This important legal document gives you the authority to settle their affairs and distribute their assets according to their last will and testament.

Obtaining a letter of testamentary can take time, but you can’t begin the probate process without it. The process can become longer, more complicated, and more expensive without a will, which is why it’s so important you and your loved ones have your affairs in order.

You can make sure your own estate is handled according to your wishes — and by the executor of your choosing — by creating your will with FreeWill’s free online will-making tool. In just 20 minutes, you can give yourself peace of mind with a will of your own today.