How long does it take to get Letters Testamentary?

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When there is a Will, it can take as little as 10 days to get Letters Testamentary.

When there is a Will, the court can often grant Letters Testamentary within a few weeks. Whenver an application for the probate of a Will and for Letters Testamentary is filed, the court clerk prepares a posted notice that is posted on the courthouse wall. The posted notice theoretically informs all those interested in the estate that an application for Letters Testamentary has been filed. The posted notice states that the court will act on the application at 10am on the first Monday following the expiration of 10 days. In practice, it takes several days for the clerk to prepare the posted notice, get it posted on the wall, and get confirmation that the notice was posted. Once the confirmation is returned, the court docket assistant will allow the applicant to schedule a hearing on the application. By then, the slots on the first Monday are usually taken, so the applicant may have to schedule their hearing a few weeks after the return date.

What if the Will is contested?

If the Will is contested, then the process slows down considerably. The court will often appoint an administrator pending contest. This appointment process takes several weeks because the court usually wants to have a conference with the parties to determine who should be appointed as administrator. The court also must determine what bond should be required of the administrator.

What if there is no Will?

Again, the process slows down considerably because the court usually wants to determine the identities of the heirs of the estate. There are exceptions, though. If it is going to take some time to complete the heirship determination, then the court will usually grant Letters of Administration to one of the heirs. Such an administration will be heavily supervised by the court. If you can wait for the heirship determination to be completed, it may be worth it. The law allows for the heirs of the estate to unanimously agree on an unsupervised, or "independent" administration.

What if I have an emergency and need Letters immediately?

The absolute soonest you can get Letters from a court is the same day. The Texas Estates Code has provisions for "temporary administrations." These administrations are reserved for emergency situations where "a decedent's estate requires the immediate appointment of a personal representative." These cases are the rare exception and the judges do not like it when you turn your delay into the court's emergency.