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What Is a Letter of Testamentary in Texas? A Guide to Estate Administration

If you’ve recently lost a loved one and are responsible for managing their estate, one of the first terms you may encounter is a letter of testamentary. But what exactly is this document, and why is it so important?

At The Lange Firm, we guide families through the Texas probate process with clarity and compassion. In this article, we’ll explain what a letter of testamentary is, who needs it, and how to get one if you’ve been named as the executor in a will.

What Is a Letter of Testamentary?

A letter of testamentary (often called letters testamentary) is a legal document issued by a probate court that gives the named executor of a will the authority to:

• Access the deceased person’s assets
  
  
• Pay outstanding debts and taxes
  
  
• Distribute property to beneficiaries
  
  
• Act on behalf of the estate
  
  

In short, it’s the official court authorization for someone to begin handling the estate after a person has died.

📌 Without this document, banks, government agencies, and title companies will not allow access to the deceased’s accounts or property.

When Do You Need a Letter of Testamentary?

You need letters testamentary when:

• The deceased person had a will, and
  
  
• You were named as executor, and
  
  
• You need to access or manage assets titled in the deceased’s name alone
  
  

Examples of when you’ll need it:

• Selling or transferring a home
  
  
• Closing or accessing bank accounts
  
  
• Transferring investment accounts or stocks
  
  
• Filing final tax returns on behalf of the estate
  
  

How to Get a Letter of Testamentary in Texas

To obtain letters testamentary, you must go through the Texas probate process. Here’s a step-by-step overview:

✅ 1. File the Will with the Probate Court

The original will must be submitted to the probate court in the county where the deceased lived, within four years of death.

✅ 2. File an Application for Probate

The named executor files a formal application requesting to be appointed and issued letters testamentary.

✅ 3. Attend a Probate Hearing

The court holds a hearing to:

• Verify the validity of the will
  
  
• Confirm the executor’s eligibility
  
  
• Officially appoint the executor
  
  

✅ 4. Take an Oath and Possibly Post Bond

The executor must take an oath to faithfully administer the estate. Sometimes a bond is required unless waived in the will.

✅ 5. Receive Letters Testamentary

Once approved, the court will issue the official letters testamentary. You’ll receive certified copies to present to banks, title companies, and others.

The Lange Firm can help you prepare and file all the necessary paperwork to streamline the process and avoid costly delays.

What If There Is No Will?

If someone dies without a will, you cannot get letters testamentary—because there’s no executor named.

Instead, the court may appoint an administrator, and issue letters of administration. This document grants similar powers to manage the estate but follows Texas intestacy laws for distributing assets.

What Can You Do With Letters Testamentary?

As the executor, you can use letters testamentary to:

• Open an estate bank account
  
  
• Access and close the deceased’s personal accounts
  
  
• Sell or transfer real estate and vehicles
  
  
• Pay estate debts and bills
  
  
• Distribute property according to the will
  
  
• Work with financial institutions, insurance companies, and government agencies
  
  

They serve as your proof of authority for nearly every task involved in probate.

How Long Are Letters Testamentary Valid?

Letters testamentary remain valid until the probate process is complete, which could range from a few months to over a year depending on the complexity of the estate.

However, many banks and institutions require certified copies issued within the last 60–90 days—so you may need to request updated copies as you go.

What If There’s a Dispute Over the Will or Executor?

Sometimes, other heirs may contest:

• The validity of the will
  
  
• The qualifications of the named executor
  
  
• The way the estate is being handled
  
  

In those cases, the court may delay or deny issuing letters testamentary until the issue is resolved.

📞 The Lange Firm provides legal representation in will contests and executor disputes, ensuring your rights and your loved one’s wishes are protected.

How The Lange Firm Helps With Letters Testamentary

At The Lange Firm, we assist Texas families by:

• Filing wills and probate applications with the court
  
  
• Guiding executors through every step of probate
  
  
• Helping gather and organize estate assets
  
  
• Responding to creditors, beneficiaries, and financial institutions
  
  
• Providing certified letters testamentary as needed
  
  

We take the stress and confusion out of probate so you can focus on your family and your future.

Final Thoughts

So, what is a letter of testamentary? It’s your legal key to unlocking and managing a loved one’s estate. Without it, settling financial matters, transferring property, or honoring their final wishes becomes almost impossible.

✅ If you’ve been named as an executor—or need help getting started—The Lange Firm is here to guide you through the process with clarity, compassion, and confidence.

📞 Contact us today to schedule a probate consultation and take the first step toward properly administering your loved one’s estate.