What Are Letters Testamentary?

The executor's license to act

Letters testamentary (sometimes called "letters of authority" or "letters of administration" if there's no will) is an official court document that grants the executor legal authority to manage the deceased person's estate. Without this document, banks, financial institutions, and other entities will not allow you to access or manage the deceased's accounts, property, or assets.

What they authorize

With letters testamentary, the executor can access and manage bank accounts, collect debts owed to the estate, pay estate debts and expenses, manage and sell real estate, file tax returns, and ultimately distribute assets to beneficiaries. Every financial institution, government agency, and title company will ask to see this document before cooperating.

How to get them

The executor files the will and a petition for probate with the appropriate court. After the court validates the will and approves the executor's appointment, it issues the letters. In some states this happens within days; in others it may take a few weeks. The executor should request multiple certified copies — many institutions require an original certified copy and will not accept photocopies.

Letters of administration

When someone dies without a will (intestate), the court issues "letters of administration" instead. These serve the same purpose but are issued to a court-appointed administrator rather than a named executor. The process may take slightly longer because the court must determine who should serve as administrator.

Why this matters for heirs

Until the executor obtains letters testamentary, the estate administration cannot meaningfully begin. If the executor delays in applying, the entire probate timeline is pushed back. If you're an heir waiting for this process to move forward, see our guide on what to do when the executor won't act.