Letters Testamentary vs Letters of Administration

What Are Letters Testamentary?

Letters testamentary are an official court document that gives the executor named in a will the legal authority to act on behalf of the deceased's estate. Think of them as your "badge of authority" — without them, banks, investment firms, and government agencies will not let you access or manage the deceased's accounts and assets.

The probate court issues letters testamentary after reviewing and accepting the will. The process typically takes 2-6 weeks after the will is filed.

What Are Letters of Administration?

Letters of administration serve the same purpose as letters testamentary, but they are issued when the deceased did not leave a valid will (died "intestate"). Instead of naming the executor from a will, the court appoints an administrator — usually the surviving spouse or closest family member — and grants them authority through letters of administration.

The key difference is simply whether a will exists. Letters testamentary come with a will; letters of administration come without one.

Why You Need Them

Almost every institution requires letters testamentary or letters of administration before they will work with you:

• Banks — to access or close accounts
• Investment firms — to transfer or liquidate assets
• Insurance companies — to process claims
• The IRS — for certain tax filings
• Real estate transactions — to sell property
• Vehicle transfers — to retitle cars

Without these letters, you are legally a stranger to the deceased's financial life, regardless of your family relationship.

How to Obtain Letters Testamentary

Step 1: File the original will with the probate court in the county where the deceased lived.

Step 2: File a petition for probate. This asks the court to validate the will and appoint you as executor.

Step 3: Provide required documentation — death certificate, the original will, and your identification.

Step 4: Attend the probate hearing (if required by your state). Some states allow uncontested probate by mail.

Step 5: Receive your letters testamentary. Order multiple certified copies (at least 5-10) — institutions require originals, not photocopies.

How to Obtain Letters of Administration

The process is similar but includes additional steps:

Step 1: File a petition for administration with the probate court, explaining that the deceased died without a will.

Step 2: The court determines the priority of who should serve as administrator (typically: surviving spouse, then children, then parents, then siblings).

Step 3: Other potential heirs may need to consent or be notified of the appointment.

Step 4: You may need to post a bond (an insurance policy protecting the estate) unless all heirs waive this requirement.

Step 5: Receive your letters of administration.

Your Next Step

LastingPath's Authority Hub generates the petitions and documentation you need for your state's specific probate process. Access the Authority Hub to get started.