Letters Testamentary
Also called: executor's letters, letters of appointment
Updated June 7, 2026
How an executor obtains letters testamentary
After the will is filed and admitted to probate, the court issues letters testamentary to the named executor. The executor typically needs multiple certified copies — each bank, brokerage, or government agency will want one, and they are often not returned. Ordering more copies upfront saves time.
Letters testamentary versus letters of administration
Letters testamentary are issued when there is a valid will. When there is no will — or no executor who can serve — the court instead issues letters of administration to the court-appointed administrator. Both documents serve the same practical purpose: proving to the outside world that this person has the legal right to act for the estate.
Related terms
- Executor — An executor is the person named in a will to carry out its instructions — gathering the deceased's assets, paying debts and taxes, and distributing what remains to the beneficiaries. The executor is accountable to the probate court and must act in the interest of the estate, not their own.
- Letters of Administration — Letters of administration is a document issued by a probate court that formally authorizes a court-appointed administrator to manage and settle an estate when the deceased left no will, or when the named executor cannot serve. It serves the same practical purpose as letters testamentary — proving legal authority to act — but applies to intestate estates.
- Probate — Probate is the court-supervised process of proving a will is valid, settling the deceased's debts and taxes, and distributing what remains to the people entitled to it. It applies whether or not there is a will, and it is overseen by a probate court in the county where the person lived.
- Personal Representative — Personal representative is a neutral legal term used in many states to refer to the person responsible for administering a deceased person's estate — whether they were named in a will (an executor) or appointed by a court without one (an administrator). Using one term for both roles simplifies court paperwork and reflects that the duties are identical.
Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.