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Letter of Testamentary in Texas: What It Is, How to Get One, and Why You Need It

After the death of a loved one, you may be told you need a letter of testamentary to manage their estate—but what exactly is that? How do you get one in Texas, and what legal power does it give you?

At The Lange Firm, we help grieving families navigate the Texas probate process, obtain court documents like letters testamentary, and handle estate administration with confidence and compassion.

This guide will explain:

• What a letter of testamentary is

• How and when to get one

• What powers it grants

• Common mistakes to avoid

• And how to handle probate efficiently in Texas

What Is a Letter of Testamentary?

A letter of testamentary (often referred to in plural as letters testamentary) is an official court document that proves you have legal authority to act as the executor of a deceased person’s will.

Once granted by a probate court, it allows you to:

• Access and close bank accounts

• Transfer or sell property

• Pay debts and taxes

• Distribute assets to heirs

• Sign legal documents on behalf of the estate

Think of it as your official badge of authority as executor.

What Does a Letter of Testamentary Do?

This legal document gives you the power to handle the decedent’s affairs and fulfill the instructions in their will. Specifically, it:

• Confirms the validity of the will

• Appoints the executor (you) named in the will

• Gives you power to represent the estate in all financial, legal, and property matters

Without it, banks, title companies, insurance providers, and government agencies won’t release funds or let you make decisions.

Who Can Apply for a Letter of Testamentary in Texas?

Only the person named as executor in the will can apply for letters testamentary in Texas.

To qualify, you must be:

• At least 18 years old

• Of sound mind

• Not a convicted felon (unless the court approves your appointment)

If the named executor is deceased or declines to serve, an alternate executor (if listed in the will) or a personal representative may apply.

How to Get a Letter of Testamentary in Texas

The process involves filing a probate case and going before a judge. Here’s how it works:

✅ Step 1: Locate the Will and Death Certificate

You must present the original signed will and a certified death certificate.

✅ Step 2: File an Application for Probate

You’ll file in the county where the decedent resided, typically through the probate clerk.

✅ Step 3: Attend the Probate Hearing

The court will review the will’s validity, confirm your eligibility, and officially appoint you as executor.

✅ Step 4: Receive the Letters Testamentary

Once approved, the court will issue the letters—usually one-page, official documents bearing the court seal.

📌 At The Lange Firm, we prepare and file all necessary documents for you and appear at the hearing on your behalf when possible.

How Long Does It Take to Get Letters Testamentary?

Most uncontested probate cases in Texas take:

• 2–4 weeks to file the application and get a hearing date

• 1–2 weeks after the hearing to receive letters testamentary

However, delays may occur if:

• There’s a will contest

• The original will is missing

• The named executor cannot serve

• Required notices to heirs are not properly delivered

What If There Is No Will?

If no will exists, you cannot get a letter of testamentary. Instead, you’ll apply for letters of administration, which appoints you as the estate’s administrator under Texas intestacy laws.

This process still requires court approval and many of the same duties as an executor—but asset distribution follows a set formula defined by the law.

What If You Can’t Find the Original Will?

The probate court requires the original will to issue letters testamentary.

If it’s lost or destroyed:

• You may try to probate a copy—but it’s a more complex process

• You’ll need to prove the original wasn’t revoked

• Witnesses may be required to confirm the contents and signing

📌 The Lange Firm helps clients handle missing will scenarios and contests efficiently.

What Documents Do You Need to Apply?

When applying for letters testamentary in Texas, you’ll typically need:

• Original will

• Certified death certificate

• Valid ID

• Application for probate

• Oath of executor

• Order admitting will to probate (drafted by your attorney)

• Possible bond (unless waived by the will or court)

Common Mistakes When Applying for Letters Testamentary

Avoid these common missteps:

• Filing in the wrong county

• Submitting a photocopy instead of the original will

• Failing to notify all beneficiaries

• Waiting more than 4 years after death (which may bar probate)

• Acting on behalf of the estate before being legally appointed

✅ Our team at The Lange Firm ensures every step is handled properly to avoid delays or legal challenges.

How The Lange Firm Can Help You Get Letters Testamentary

We provide:

• Flat-fee probate packages for uncontested cases

• Full-service filing, document prep, and court coordination

• Representation at the probate hearing

• Help identifying and managing estate assets

• Guidance on next steps after you receive your letters

With years of experience in Texas probate law, The Lange Firm makes the process straightforward and stress-free.

📞 Contact us today to start the probate process and obtain your letter of testamentary efficiently.

Final Thoughts

If you need to take control of a loved one’s estate, the letter of testamentary is your key.

✅ It gives you legal authority.
✅ It ensures institutions cooperate.
✅ And it keeps the estate administration process moving forward.

Let The Lange Firm help you file, qualify, and get the documents you need—so you can honor your loved one’s wishes and protect their legacy.