When my husband died, I had never heard the term Letters Testamentary. I heard it for the first time from a bank teller who told me I couldn't close an account without them. I didn't know what they were, where to get them, or how long it would take.
If you're in the same position, here's what I wish someone had told me.
What they are:
Letters Testamentary is the court-issued document that proves you have the legal authority to act on behalf of the estate. It's not the will. It's not a death certificate. It's a separate document that the probate court issues after the will has been filed and the estate has been formally opened.
Banks, brokerages, and other institutions won't take your word for it that you're the executor. This document is what gives you the legal standing to close accounts, transfer assets, and handle the deceased's financial affairs.
How to get them:
Letters Testamentary are issued by the probate court in the county where the deceased lived. The process:
- File the will with the probate court
- File a petition to open the estate
- Attend a brief hearing (in most cases)
- Receive your Letters Testamentary from the court clerk
An estate attorney can handle all of this for you. If the estate is straightforward, some people navigate it themselves — but the first time through, an attorney is worth the cost.
How many do you need?
Like death certificates, order more than you think. Many institutions require an original, and they don't always return them. Request at least 4–6 certified copies.
On timing:
The probate process takes time — often several weeks to a few months before you receive your Letters. This is normal. Most financial institutions understand and will place accounts on hold while you wait. Don't let anyone pressure you into moving faster than the court allows.