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If you were named as an executor of a last will and testament, you may think once the person who wrote the document passes away, you are automatically allowed to perform your duties.

However, it’s not that simple.

To perform your duties as an executor, you will need the court to approve of you as executor, and grant you a letter of testamentary.

A letter of testamentary is a necessary legal document for an executor of a last will and testament.

Without this document, an executor will not be able to carry out their duties and the wishes of the testator (the person who made the will). It’s essential to be aware of the process to obtain a letter of testamentary if you are an executor of a will.

In the rest of this article, we’ll go over:

  • What a letter of testamentary does
  • How to get the letter
  • How much it costs

What Is a Letter of Testamentary?

According to a 2020 survey by Gallup.com, 46% of Americans had a last will and testament. The document is essential if you want to ensure your property and assets are taken care of after you pass away.

A letter of testamentary authorizes an executor to manage the testator’s estate and possessions as laid out in the will. Each state has their own laws regarding letters of testamentary, but in general are designated in the will (§3155).

It is normally issued by a court after the will has been approved, likely after probate.

If you are granted the letter, you will then be authorized to carry out the duties of an executor.

As an executor, you will likely be responsible for

  • Paying bills
  • Paying taxes
  • Managing property or real estate
  • Distributing assets
  • Accessing bank accounts and paying debts

The importance of a letter of testamentary cannot be understated in the case of a last will.

The letter is necessary to grant the executor the legal right to act on behalf of the testator of the will.

If you have been named executor, ensure that you receive a letter of testamentary to carry out your duties as stated on the will.

Is a Letter of Testamentary required for a Trust?

The entire probate process can be avoided with the use of a trust. This means that a letter of testamentary would not be necessary if someone created a trust instead of a will.

A trust works differently than a last will and testament, as it can be used while the person who created the document is still alive.

Use our template of a living trust to make it simple to create the legal document.

How to Get a Letter of Testamentary

To get a letter of testamentary, as the executor, you must apply at a probate court. They will examine the case and decide whether to approve your request to give you the power to manage the testator’s estate.

To correctly apply for a letter of testamentary, you will need to bring the correct documentation with you to a probate court.

Include the following with your application:

  • A copy of the will
  • The death certificate
  • Any additional documents that the court requires
  • Your identification
  • Payment for any required fees.

After submitting your application with the necessary documents, you will need to appear in court.

At the hearing, the judge will review how valid the will is and if you will be able to serve as the will’s executor.

In general, your ability to serve on whether you are a legal adult (in the majority of states over 18 years old) and if you are of sound mind.

If the judge is satisfied with the will and your capability to be the executor, you will be issued a letter of testamentary.

The process normally takes several weeks to months, depending on how busy the court is at that time and if everything checks out correctly with all parties involved.

Is It Possible to Get a Letter of Testamentary Without a Will

If a loved one or descendant died intestate (died without leaving a will) you could still be authorized to become someone’s executor.

The only thing to keep in mind is that the process to get one will take an extra step.

In reality, you will not need a letter of testamentary in the event that someone dies without a will, probate must be opened, and the courts will name someone as an administrator.

An administrator will normally be an immediate family member of the deceased individual, such as their spouse or child.

The person chosen as administrator will be given a letter of administration by the courts and with that, the individual will have practically the same power as an executor does.

How Much Does a Letter of Testamentary Cost?

The cost of a letter of testamentary is dependent on the state or county in which you live.

In general, a letter of testamentary will only be a few dollars for each copy, however, the total amount you pay can depend on various additional factors.

Related costs for a letter of testamentary include:

  • Court fees
  • Processing fees
  • Attorney payments

Certain firms and banks may require the original document, which could add to the number of copies you order and ultimately the price you pay.

Helpful Resources:

Letters Testamentary - Cornell Law School

Probate Law: Letters Testamentary Explained - Parvin Law Group

Letters of administration - Cornell Law School

Procedure to purchase new or updated certificates to all types of letters (PDF)- NYCOURTS.GOV

If you were named as an executor of a last will and testament, you may think once the person who wrote the document passes away, you are automatically allowed to perform your duties.

However, it’s not that simple.

To perform your duties as an executor, you will need the court to approve of you as executor, and grant you a letter of testamentary.

A letter of testamentary is a necessary legal document for an executor of a last will and testament.

Without this document, an executor will not be able to carry out their duties and the wishes of the testator (the person who made the will). It’s essential to be aware of the process to obtain a letter of testamentary if you are an executor of a will.

In the rest of this article, we’ll go over:

  • What a letter of testamentary does
  • How to get the letter
  • How much it costs

What Is a Letter of Testamentary?

According to a 2020 survey by Gallup.com, 46% of Americans had a last will and testament. The document is essential if you want to ensure your property and assets are taken care of after you pass away.

A letter of testamentary authorizes an executor to manage the testator’s estate and possessions as laid out in the will. Each state has their own laws regarding letters of testamentary, but in general are designated in the will (§3155).

It is normally issued by a court after the will has been approved, likely after probate.

If you are granted the letter, you will then be authorized to carry out the duties of an executor.

As an executor, you will likely be responsible for

  • Paying bills
  • Paying taxes
  • Managing property or real estate
  • Distributing assets
  • Accessing bank accounts and paying debts

The importance of a letter of testamentary cannot be understated in the case of a last will.

The letter is necessary to grant the executor the legal right to act on behalf of the testator of the will.

If you have been named executor, ensure that you receive a letter of testamentary to carry out your duties as stated on the will.

Is a Letter of Testamentary required for a Trust?

The entire probate process can be avoided with the use of a trust. This means that a letter of testamentary would not be necessary if someone created a trust instead of a will.

A trust works differently than a last will and testament, as it can be used while the person who created the document is still alive.

Use our template of a living trust to make it simple to create the legal document.

How to Get a Letter of Testamentary

To get a letter of testamentary, as the executor, you must apply at a probate court. They will examine the case and decide whether to approve your request to give you the power to manage the testator’s estate.

To correctly apply for a letter of testamentary, you will need to bring the correct documentation with you to a probate court.

Include the following with your application:

  • A copy of the will
  • The death certificate
  • Any additional documents that the court requires
  • Your identification
  • Payment for any required fees.

After submitting your application with the necessary documents, you will need to appear in court.

At the hearing, the judge will review how valid the will is and if you will be able to serve as the will’s executor.

In general, your ability to serve on whether you are a legal adult (in the majority of states over 18 years old) and if you are of sound mind.

If the judge is satisfied with the will and your capability to be the executor, you will be issued a letter of testamentary.

The process normally takes several weeks to months, depending on how busy the court is at that time and if everything checks out correctly with all parties involved.

Is It Possible to Get a Letter of Testamentary Without a Will

If a loved one or descendant died intestate (died without leaving a will) you could still be authorized to become someone’s executor.

The only thing to keep in mind is that the process to get one will take an extra step.

In reality, you will not need a letter of testamentary in the event that someone dies without a will, probate must be opened, and the courts will name someone as an administrator.

An administrator will normally be an immediate family member of the deceased individual, such as their spouse or child.

The person chosen as administrator will be given a letter of administration by the courts and with that, the individual will have practically the same power as an executor does.

How Much Does a Letter of Testamentary Cost?

The cost of a letter of testamentary is dependent on the state or county in which you live.

In general, a letter of testamentary will only be a few dollars for each copy, however, the total amount you pay can depend on various additional factors.

Related costs for a letter of testamentary include:

  • Court fees
  • Processing fees
  • Attorney payments

Certain firms and banks may require the original document, which could add to the number of copies you order and ultimately the price you pay.

Helpful Resources:

Letters Testamentary - Cornell Law School

Probate Law: Letters Testamentary Explained - Parvin Law Group

Letters of administration - Cornell Law School

Procedure to purchase new or updated certificates to all types of letters (PDF)- NYCOURTS.GOV