If you have been named executor in a Texas will, or someone close to you has died and you need to handle their estate, banks and title companies will soon ask you for one thing: letters testamentary. Here is what they are, how to get them in Austin and the surrounding counties, and when you might not need them at all.
Letters Testamentary in Texas: Quick Answer
Letters testamentary are the court clerk’s certificate, under the court’s seal, stating that the executor named in a will has been appointed and has qualified, and on what date (Tex. Est. Code § 306.005). They are proof of your authority to act for the estate (§ 306.007). With them, you can open an estate bank account, collect the person’s accounts, deal with the IRS and, in most independent administrations, sell property.
| Letters testamentary | Letters of administration | |
|---|---|---|
| Issued to | The executor named in a will | An administrator appointed by the court |
| When | There is a will that names an executor who can and will serve | There is no will, the will names no executor, or the named executor is deceased or won’t serve |
| Law | § 306.001 | § 306.002 |
With no will, the court must also find that an administration is necessary, for example because the estate owes two or more debts (§ 306.002), and the heirs must be determined first. See proving heirship in Texas.
The court generally appoints, in order of priority, the executor named in the will, then the surviving spouse, the main beneficiary, other beneficiaries, next of kin and others (§ 304.001). Some people can’t serve (§ 304.003):
Out-of-state executors are common. Appointing a resident agent is a simple step we handle as part of the application.
In Travis, Williamson and Hays Counties, it often takes a few weeks from filing to letters, mostly because of the notice period and the court’s hearing calendar. A missing original will, a will that is more than four years old, or an objection from a family member can add time. See probating a will after 4 years and lost or missing wills.
What comes next is covered in our executor duties checklist. If the will lets you act as an independent executor, you can do most of this without going back to court. In a dependent administration, many steps need court approval.
Generally within four years of the death. After four years, a will can usually be admitted only as a muniment of title, and letters generally can’t be issued (§ 256.003; § 301.002).
Texas courts generally expect an executor to be represented by an attorney in probate, because the executor acts for other people with an interest in the estate.
Letters remain in effect while you serve, but many banks and title companies ask for a certified copy issued recently. The clerk can issue additional certified copies at any time.
Yes, if they appoint a Texas resident agent to accept service of process and file that appointment with the court.
An executor is named in the will and receives letters testamentary. An administrator is appointed by the court when there is no will or no executor who can serve, and receives letters of administration.
Need help with an estate? Call (512) 737-8404, book a free probate consultation, or request a free probate case review.
Written by Turner Henington, attorney, Henington Lewis Law Firm PLLC. This article is general information, not legal advice for your situation.
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