What letters testamentary are
When the probate court appoints you executor, it issues a single page of paper (or sometimes a certified PDF) titled "Letters Testamentary" — if the decedent had a will — or "Letters of Administration" if they did not. This document is the legal proof of your authority to act on behalf of the estate.
Every bank, brokerage, insurance company, title office, and government agency you deal with will ask to see letters (usually a certified copy) before giving you access to assets or information. You cannot transfer a car title, close a bank account, or file an insurance claim without them.
Getting certified copies
Order at least 10 certified copies at the same time as the original issuance — the fee is usually $5 to $25 per copy depending on the state. You will mail or present original certified copies to different institutions, and they often keep them.
Some banks will accept a photocopy plus a notarized affidavit; others insist on a raised-seal original. Plan for the worst-case institution.
What letters let you do
- Open an estate bank account (sometimes called a "fiduciary account")
- Access the decedent's safe deposit box
- Close or retitle bank and brokerage accounts
- File tax returns on behalf of the estate
- Sell real property owned by the estate (subject to court approval in many states)
- Negotiate with creditors
- Sign documents on behalf of the estate
What letters do NOT let you do
- Distribute assets to beneficiaries before the creditor claim period ends. Doing so can make you personally liable for any unpaid creditor claims.
- Take "executor fees" without court approval (in most states). Executor compensation usually requires court sign-off.
- Act on the decedent's non-probate assets (assets with named beneficiaries or in trust — these pass outside probate).
- Act on behalf of the estate in another state without ancillary probate in that state.