What are Letters Testamentary?
Letters Testamentary is a document or “letter” issued by the Probate Court in an estate, where the Executor or administrator is given the authority to gather assets and distribute the Estate appropriately.
How Do I Obtain Letters Testamentary in Texas?
In order to obtain Letters Testamentary in Texas, an eligible person must apply to the appropriate court, which is usually a statutory probate court. You must submit an Application and the Testator’s original Will.
You will also need to prove that the Will you’re presenting is the final Will of the Testator and that less than four years have passed since the date of the Testator’s death.
Letters Testamentary vs. Letters of Administration
Can I Get Letters Testamentary without a Will? The simple answer is no.
Letters Testamentary is issued when a person dies with a Will. If a person dies without a Will (“Intestate”), it is necessary for an heir to bring application to receive Letters of Administration and for declaration of heirship.
According to the Granting of Letters of Administration within the Texas Estates Code, the Court hearing an application will grant administration of a decedent’s estate based on necessity if the decedent passed away intestate, if there is no Executor of the Will, or the Executor of the Will is also deceased. The Court has the liberty to determine if there is any other necessity for an administration based on proof before the court.
How long does it take to get Letters Testamentary in Texas?
The process for obtaining Letters Testamentary in Texas is pretty simple with the Law Office of Ronda S. Haynes. We’ll ensure that you have the original Will and prepare the appropriate documents for probating it. Depending on the Court’s schedule, Letters can be issued in as little as 30 days, but the entire probate proceeding can take as little as 4 months to sometimes years, depending on the complexity of the Estate.
Choose the right Probate Attorney to Receive Letters Testamentary
The Law Office of Ronda S. Haynes specializes in probate law and we’ve spent more than 20 years building our expertise in the area. We can easily assist you in the process of obtaining Letters Testamentary in Texas. Simply give us a call at (817) 752-2177 and visit our Family Law office in Azle, TX.