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Letter of Testamentary: What It Is and How to Get One in Texas

After the death of a loved one, families often face a whirlwind of legal responsibilities and unfamiliar terms—among the most common being the need to obtain a letter of testamentary. But what exactly is it, and why is it so important?

In simple terms, a letter of testamentary is the official document that gives you legal power to act as the executor of a deceased person’s estate. Without it, you can’t access bank accounts, sell property, or distribute assets—even if you were named in the will.

At The Lange Firm, we help Texas families navigate the probate process with confidence. In this guide, we’ll walk you through everything you need to know about letters testamentary—what they are, how to get them, how long they’re valid, and what to do if there’s no will.

Table of Contents

• What Is a Letter of Testamentary?

• Why Do You Need a Letter of Testamentary?

• Who Can Request Letters Testamentary in Texas?

• How to Get a Letter of Testamentary

• What Documents Do You Need?

• How Long Does It Take to Receive Letters Testamentary?

• How Much Does It Cost?

• What Can You Do with a Letter of Testamentary?

• What If There’s No Will?

• What If the Executor Declines or Is Deceased?

• Can Letters Testamentary Expire?

• Common Mistakes to Avoid

• How The Lange Firm Can Help

• Final Thoughts

• Related Blogs for Further Reading

What Is a Letter of Testamentary?

A letter of testamentary (also referred to as letters testamentary) is a legal document issued by the Texas probate court. It officially names someone as the executor of a will and grants them the authority to:

• Access bank accounts

• Sell or transfer property

• Settle debts and taxes

• Distribute assets to heirs

It’s the executor’s legal credential—comparable to a business owner having articles of incorporation or a trustee having a trust certificate.

Why Do You Need a Letter of Testamentary?

Even if you are named in a will, you can’t act on behalf of the estate until you are formally recognized by the court. Most institutions will not release assets without receiving a certified copy of your letters testamentary.

You’ll need it to:

• Collect life insurance payable to the estate

• Open an estate bank account

• Sell real estate

• Transfer vehicle titles

• Work with title companies, banks, and brokers

• File final tax returns

📌 Without it, heirs often face delays, confusion, and even lawsuits. At The Lange Firm, we help executors act quickly and correctly from the start.

Who Can Request Letters Testamentary in Texas?

Only the person named as executor in the decedent’s will can request letters testamentary. That person must:

• Be at least 18 years old

• Be of sound mind

• Not be a convicted felon (unless pardoned)

• Not be disqualified by a court (e.g., due to conflict of interest)

If no executor is named—or if the named executor is deceased or declines to serve—the court may appoint an administrator, and issue letters of administration instead.

How to Get a Letter of Testamentary

Step 1: Locate the Original Will

You must present the original, signed will to the court. Copies are rarely accepted without extra legal steps.

Step 2: Hire a Probate Attorney

Texas law requires a licensed attorney to represent you in probate if you are not the only heir or if real estate is involved.

Step 3: File the Application for Probate

This must be filed in the county where the decedent lived at the time of death.

Step 4: Wait for the Posting Period

Texas requires a minimum 10-day waiting period after filing, during which notice is posted at the courthouse.

Step 5: Attend the Probate Hearing

The court will verify the will and appoint you as executor.

Step 6: Take the Executor’s Oath

This confirms your legal responsibilities to the court.

Step 7: Receive Your Letters Testamentary

Once your oath is filed, the court clerk issues certified copies of your letters testamentary.

What Documents Do You Need?

To apply, you’ll typically need:

• The original will

• A certified death certificate

• Names and contact information for heirs

• List of known assets and debts

• Application for probate (prepared by your attorney)

Having a complete and accurate package reduces delays.

How Long Does It Take to Receive Letters Testamentary?

With an experienced attorney and no disputes, you can expect to receive letters testamentary within 2 to 4 weeks of filing your probate application.

Contested wills, missing documents, or errors can delay the process for months or more.

How Much Does It Cost?

Costs can vary depending on:

• The size and complexity of the estate

• Whether the will is contested

• Whether notices must be published or mailed

• County filing fees (typically $300–$450)

✅ The Lange Firm offers flat-fee probate packages for straightforward cases.

What Can You Do with a Letter of Testamentary?

Once appointed, you can:

• Open and close accounts

• Sell homes or land

• Pay creditors

• File estate tax returns

• Distribute money and property to heirs

• Manage ongoing businesses or rental properties

• Act on behalf of the estate in legal matters

Think of it as your “license” to administer the estate.

What If There’s No Will?

If the deceased died without a will (intestate), you cannot obtain letters testamentary. Instead, the court may appoint someone as administrator of the estate, and issue letters of administration.

The administrator has similar powers but must follow Texas’s intestate succession laws.

👉 See our related blog: “What Happens If You Die Without a Will in Texas?”

What If the Executor Declines or Is Deceased?

If the person named in the will:

• Declines to serve

• Is deceased

• Is disqualified

…the court may appoint an alternate executor named in the will, or assign a personal representative of the estate.

Can Letters Testamentary Expire?

Letters themselves do not expire, but:

• Certified copies may need to be updated (within 60–90 days)

• Banks or title companies may request recent proof of appointment

• If the estate remains open for years, the court may require status reports

You can always request additional certified copies from the court clerk.

Common Mistakes to Avoid

• Filing with a copy of the will instead of the original

• Attempting probate without an attorney

• Ignoring creditor notification requirements

• Paying heirs before debts and taxes

• Failing to file an inventory and appraisement

📌 The Lange Firm helps avoid these pitfalls by handling the process end-to-end.

How The Lange Firm Can Help

At The Lange Firm, we assist clients with:

• Preparing and filing all probate documents

• Representing you in court

• Getting letters testamentary quickly and correctly

• Resolving heirship or will disputes

• Closing the estate legally and efficiently

We serve clients in Sugar Land, Houston, Fort Bend County, and across Texas with compassion and clarity.

📞 Contact us today to schedule your probate consultation and start the process of becoming an executor.

Final Thoughts

So what is a letter of testamentary?

✅ It’s your official legal authority to manage a deceased loved one’s estate. Without it, you can’t take action—even if you’re named in the will.

If you’re grieving and overwhelmed, let The Lange Firm take the legal burden off your shoulders. We’ll help you honor your loved one’s wishes and comply with Texas probate law every step of the way.