How to Get Letters Testamentary (and Why You Need Them)

Nearly every institution you deal with while settling an estate will ask for one specific document before they'll talk to you: proof that a court has actually put you in charge. That's what Letters Testamentary — or its no-will counterpart, Letters of Administration — provide.

What they are

Letters Testamentary are issued by the probate court when there's a valid will, formally authorizing the executor named in that will to act for the estate. Letters of Administration are issued instead when there's no will, appointing an administrator to fill the same role. Both documents grant essentially the same authority — the difference is just whether a will existed.

Why institutions require them

Banks, brokerages, and other institutions have no way to verify, on their own, that the person in front of them is actually authorized to act for a deceased person's estate. Letters Testamentary or Letters of Administration is the court's own proof of that authority — typically presented alongside a certified death certificate.

How to get them

File a petition with the probate court in the county where the deceased lived. This is generally submitted along with a certified death certificate, the original will (if one exists), and a preliminary list of the estate's assets.

How long it takes

Commonly anywhere from a few weeks to a few months, depending heavily on the state, how complete the initial filing is, and the local court's case backlog.

Let Estate Assist handle the rest

Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.

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Frequently asked questions

Can I access estate accounts before I have Letters Testamentary?

Generally no — most institutions won't release information or funds to anyone claiming to represent the estate without this court-issued proof of authority first.

What if the deceased died without a will?

The court appoints an administrator instead of an executor and issues Letters of Administration — the process and the resulting authority are essentially the same as Letters Testamentary.