Letters Testamentary

Letters testamentary are the court's commission to the executor — the document the executor takes to a bank, a title company, or a mineral payor to prove they can act for the estate. Letters of administration is the analogous document when there's no will.

For curative work, a copy of the letters often gets recorded in the deed records of any county where the estate owned property, so it appears on a standard runsheet. The recording is not required in most states but is a courtesy that closes a gap before it opens.

The letters expire when the estate is closed. Stale letters (the executor died, was removed, or the estate was closed) are a common reason a "validly signed" executor's deed turns out to be void.

Filed at: Probate court; sometimes recorded in county clerk records
Typically appears when: Will has been admitted to probate · An executor or administrator needs authority to deal with assets

Also called: letters of testamentary, letters of administration, letters of executorship

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