What are Letters Testamentary?

The Letters Testamentary show third parties that the court has entered an order appointing an individual or individuals to act on behalf of the estate as the representative of that estate. The Letters Testamentary also show that the individual has qualified for the position by taking an oath to "well and truly" perform his or her duties and by posting any bond required by the court.

What is the difference between Letters Testamentary and Letters of Administration?

Letters Testamentary are issued to the person or persons named to serve as executor in a Last Will and Testament, hence the word "Testamentary." Letters of Administration are issued to all other persons serving as the personal representative of an estate. These persons are often called Administrators. Aside from the title, the Letters serve the same function: to show third parties that the person named in the Letters Testamentary or Letters of Administration has authority to act on behalf of the estate.

What do Letters Testamentary look like?

Letters Testamentary are not merely a letter or note from a judge. Instead, think of Letters Testamentary as a certificate of authority that is issued by the court clerk to the person named in a court order appointing a personal representative.

Letters Testamentary are simple, yet mighty. Letters Testamentary are typically only a single page in length consisting of the case caption, a paragraph or two, and the court clerk's signature and seal. In some respects, the Letters Testamentary appear underwhelming. In reality, the Letters Testamentary are a powerful tool for obtaining the cooperation of people or entities doing business with the estate.