What are Letters Testamentary or Letters of Administration?
Letters Testamentary or Letters of Administration are a badge of authority given to one person who acts on behalf of a deceased person’s estate. “Letters Testamentary” or “Letters of Administration” can only be issued by a court of law. Here in Texas, “Letters” are issued by specialized Probate Courts, or County Courts at Law. Letters Testamentary are issued to the person named in a Will to act as “Executor”; whereas, when someone dies without a valid Will, the Probate Court appoints an Administrator and issues them “Letters of Administration”.
Why Do I Need “Letters”?
Letters are a legal notice to third parties that the person named on the “Letters” is in charge of a deceased person’s estate. The person whose name appears on the Letters has the court’s authority to take possession of estate assets like money and real estate. That is why most financial institutions will not release funds in a deceased person’s bank account to anyone without a certified copy of their Letters Testamentary or Letters of Administration. “Letters” are what give an Executor or Administrator the legal permission they need to access a bank account, because these Letters tell a bank that the person they are dealing with is authorized by a court of law.
How to Get Letters Testamentary or Letters of Administration
Letters are not something you can obtain after filling out a form or appearing at the clerk’s office. It’s not like going to the DMV or other vital statistics office. To obtain Letters Testamentary, the Will appointing the Executor must first be “admitted to probate”. Additionally, the named Executor must qualify under oath. In other words, a person wanting Letters must appear in court. This process involves an application to the probate court and a hearing before a probate judge. The legal process to obtain “Letters of Administration” (when there is no Will) also requires an appearance in probate court. These courts are responsible for ensuring the applicant for Letters is a person eligible to act on behalf of the deceased person’s estate under Texas probate and estate administration laws.
Do I Need an Attorney to get “Letters”?
Yes, is the short answer. An Executor and an Administrator are considered a “fiduciary”–a person entrusted to manage the money and property of another. In this case, a fiduciary has the highest responsibility of making sure they are considering the interests of all the legal heirs and not just their own. Thus, if you want the legal authority to take possession of someone else’s property, you have to prove to the court you are capable of the responsibility.
In Texas, fiduciaries must be represented in the probate courts by legal counsel. Thus, Applicants for “Letters” must hire a licensed attorney to represent them in court. Obtaining Letters Testamentary can be a quick and easy process when there is an original Will signed in accordance with state law. Obtaining Letters when there is no Will is a more complex process. Thus, it’s important to be well-advised about the issues and the cost before getting started.
How Much Does It Cost to Get “Letters”?
Letters are not a product you can buy at a store. Instead, Letters are the end-result of a legal proceeding in court. The time it takes to complete the legal proceeding for Letters is situationally-dependent. It is dependent upon the people involved–who died, and who did they leave behind as their legal heirs? Can all these people be easily located? Are they all in agreement? It is dependent upon whether the person who died made a valid, written estate plan that can be defended in court. Finally, it is dependent upon the court’s availability to “hear” your application for Letters.
There’s a reason why there’s so much buzz in the ethos about avoiding probate. It’s a fundamentally unhappy place because of the fact that gets you there–someone’s death. Unfortunately, the probate court docket is frequently clogged with grieving families who did not get along, and those cases will delay the more “simple” ones. It’s best to speak with a probate lawyer before filing an application for Letters to best understand all your options, including if there are any options that don’t involve the probate court.
Our firm’s experienced probate attorneys assist prospective Executors and Administrators with understanding the process for obtaining Letters. Don’t delay your inheritance, contact our office today to get help with Letters Testamentary or Letters of Administration! Also, while you are planning a way to get Letters after someone else died, consider using some of your inheritance to give your loved ones total peace of mind with an estate plan that could avoid this process. Contact our office today to find out how!
