by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

Today, we’re tackling a term that causes a lot of confusion: letters testamentary. If you’ve ever been told by a bank or other institution that you need them to handle a loved one’s estate, you’re not alone.

To get the full breakdown, watch the video below, and don’t forget to like, subscribe, and turn on notifications on our YouTube channel for more helpful insights into estate planning and probate.

‍

What Are Letters Testamentary?

Despite the name, letters testamentary aren’t actual “letters.” They’re official documents issued by a probate court, certifying that you’ve been legally appointed as the executor of an estate. They give you the authority to act on behalf of a deceased person’s estate—like closing accounts, accessing funds, or selling property.

‍

When Do You Need Them?

You might hear “letters testamentary” if:

1. The Bank Requests Them: If your loved one’s bank account doesn’t have a co-owner, beneficiary, or Payable on Death (POD) designation, the account will be frozen until the court grants letters testamentary.
2. Dealing with Creditors: Mortgage companies, utility providers, or other creditors may require proof of your authority to discuss or settle debts.
3. Handling Unexpected Assets: Checks payable to “the estate of,” refunds, or proceeds from lawsuits often require letters testamentary before they can be deposited or cashed.

The Probate Process: How to Get Letters Testamentary

To get letters testamentary, the estate must go through probate. Here’s what that looks like:

1. Hire an Attorney: Bring the will (if available), death certificate, and necessary identification.
2. File for Probate: Your attorney will submit the original will to the local court along with an application for probate.
3. Court Appointment: Once the judge approves the will, they’ll appoint you as executor, and the court clerk will issue letters testamentary.
4. Begin Estate Administration: With letters in hand, you can open estate accounts, pay debts, and distribute assets according to the will.

Common Questions About Letters Testamentary

1. What if there’s no will?
2. If no valid will exists, the court process changes. You’ll likely need to file for letters of administration instead. This requires consent from heirs and can add complications.
3. What if someone else is named executor?
4. If another person is named as executor in the will, they must decline or resign before you can be appointed.
5. How long does it take?
6. In East Texas, the process can be as quick as 30 days, depending on the court’s schedule. Larger cities may take longer—sometimes up to a year.

Why It Matters

Banks, creditors, and institutions need assurance that the person managing an estate has legal authority to do so. Without letters testamentary, they can’t release funds or assets, even if you’re the only child or obvious heir.

Reviewing and updating your own estate plan—or encouraging your parents to do so—can prevent future complications. Make sure executors named in the will are current and willing to serve, especially if the will is decades old.

‍

Watch, Subscribe, and Stay Informed

We hope this helps demystify letters testamentary and the probate process. For more practical advice, watch the full video above, and don’t forget to like, subscribe, and turn on notifications on our YouTube channel.

At Ishihara & Parker Law Firm PLLC, we’re here to make the probate process as smooth as possible. Call us at (903) 555-1234 or contact us below for expert guidance. We’ll help you navigate probate and get the documents you need to manage your loved one’s estate.

‍