As an executor named in a will, obtaining the Letters Testamentary is a key step in managing the deceased person's estate in Texas.

These legal documents, issued by the probate court, provide the executor with the legal authority to administer and act on behalf of the estate.

What are Letters Testamentary?

Letters Testamentary serve as official proof of your role as executor. They provide legal authority when dealing with financial institutions, government agencies, and other institutions holding the deceased's assets.

With these documents, you can:

• Access the deceased's bank accounts and safety deposit boxes
• Sell or transfer property
• Pay outstanding debts and taxes
• Distribute assets to beneficiaries as outlined in the will

Step 1: Gather Your Documents

The first step in obtaining Letters Testamentary is to collect all necessary documents. You'll need two key items:

1. The original will
2. A certified copy of the death certificate

Keep in mind that you'll need to prove that the will you're presenting is the final will.

Step 2: Applying for letters testamentary

The journey to obtain Letters Testamentary begins with filing an application for probate. According to Section 256.052 of the Texas Estates Code, this application must include several key elements:

1. The name and domicile of each applicant
2. The name and age of the deceased
3. Facts establishing venue (where the application should be filed)
4. A description of the deceased's property
5. Information about the executor

When preparing your application, remember to attach the original will and any codicils (amendments to the will).

Who Can Apply?

While the executor named in the will typically applies for Letters Testamentary, Texas law allows any "interested person" to apply. The Texas Estates Code defines interested persons as heirs, spouses, devisees, creditors, or anyone else with a claim against the estate.

However, not everyone qualifies to serve as an executor. Section 304.003 of the Texas Estates Code specifically excludes:

• Incapacitated persons
• Convicted felons (unless pardoned or civil rights restored)
• Non-residents of Texas who haven't appointed a resident agent
• Corporations not authorized to act as a fiduciary in Texas
• Anyone the court finds unsuitable

Step 3: Attend the Probate Hearing

After filing your application, the court will schedule a probate hearing. This is a crucial step in the process, as it's where the court will review your application and make its decision. During the hearing:

• The court will carefully examine all the documents you've submitted.
• They'll determine if you're indeed the intended executor of the estate.
• Any interested parties will have the opportunity to contest the application if they choose to do so.

Step 4: Receive Your Letters Testamentary

If everything goes smoothly at the hearing and the court approves your application, you'll receive your Letters Testamentary. This typically happens within 30 days of the hearing, although it can sometimes take longer.

Once you have your Letters Testamentary in hand, you're officially authorized to begin the estate administration process. This means you can start managing the deceased's assets, paying debts, and distributing inheritances as specified in the will.

Obtaining letters testamentary in Texas can come with varying costs, depending on the county in which you are filing. For instance, if you're in Harris County, be prepared to pay a fee of $360 for probating a will, while in Anderson County, the cost is lower at $309.50. To ensure you're aware of the specific cost for your county, it's a good idea to check the court's website or give them a call.

Letters of testamentary are only granted to an estate executor by the probate court if they are the named executor in a valid will. On the other hand, letters of administration are used for estate settlement by an administrator appointed by the probate court when there is no valid will, ie. when the deceased is said to have died intestate.

Essentially, both documents grant the same powers to the holder when administering the estate. However, the critical difference for letters of administration is that the court is in charge of ruling on who the official heirs to the estate are. On the other hand, an estate executor holding letters of testamentary can distribute assets based on the will.

Depending on the county's probate court's capacity, you can be issued letters of testamentary within 30 days of filing for probate.

However, disputes of the will and discrepancies in the will/other documents can cause delays up to 4 months to 1 year.

If you need help settling an estate in Texas, our team can assist you. We have the experience and knowledge to help with every step of the process, from obtaining letters of testamentary to filing probate. Contact us today for more information or to get started on your estate settlement plan.

Do I need a lawyer to get a letter of testamentary?

In Texas, it is a legal requirement that the executor of an estate be represented by an attorney. The Texas Probate Court mandates that only a licensed attorney can represent another person or entity in a judicial proceeding in the state.

This includes applications for letters testamentary, letters of administration, determinations of heirship, and guardianship of the person or estate.

If the applicant is not a licensed attorney, the court will not allow the filing of an application to probate a will as this would be considered the unauthorized practice of law.

Although an individual does not need to be a lawyer to serve as a guardian or an executor or administrator of an estate, it is necessary to retain the services of a counsel to represent the third-party interests of the ward, beneficiaries, or creditors.

Taking Action on Letters Testamentary in Texas

Obtaining Letters Testamentary in Texas is a key step in the probate process, empowering you to fulfill your role as an executor. From gathering necessary documents to attending the probate hearing, the process involves several important steps. Remember, you'll need to file within four years of the deceased's passing, and costs can vary by county, typically ranging from $300 to $360.

It's worth noting that Texas law requires executors to be represented by a licensed probate attorney when applying for Letters Testamentary. This legal requirement ensures that the process is handled correctly and that the interests of all parties are properly represented.

While this guide provides a comprehensive overview, every estate is unique and can present its own challenges. If you're unsure about any part of the process or want to ensure you're handling everything correctly, professional guidance can be invaluable.

Our team of estate professionals is here to help you manage the ins and outs of obtaining Letters Testamentary and navigating the probate process in Texas.

Don't face this challenging time alone - book your free consultation today and get the expert support you need to handle your executor duties with confidence.