Letters of Testamentary
Obtaining a Letter of Testamentary for a Texas Estate
If your loved one has died, you may have been told that you need to provide them with a “Letter of Testamentary” in order for you to access a bank account or other property. Though this sounds like a simple task, unfortunately, that’s not the case. You cannot just call or visit the courthouse to get a one. Obtaining it will involve a court proceeding and you should have the help of a lawyer.
Chris Parvin is Board Certified in Estate Planning & Probate Law by the Texas Board of Legal Specialization. Our firm assists personal representatives, executors and family members in all steps of the Texas probate process, including obtaining Letters of Testamentary. If you would like help with probate of a Texas estate, call our office: (469) 607-4500. We can handle every detail for you, even if you are living out of state
What Is a Letter of Testamentary?
A Letter of Testamentary is a certificate specifying the name of the individual who has been authorized by the court to deal with the assets of an estate, which includes bank accounts. In order to obtain a Letter, you must apply to the court to open a probate proceeding (if there was a Will) or to open an administration proceeding (if the deceased died without a Will, also called Intestate).
Before a Letter of Testamentary can be issued, the court must hear evidence to determine:
- That the decedent is actually dead
- Whether the decedent had a Will
- If there is no Will, the identity of the legal heirs of the decedent
- That the applicant is qualified to obtain the Letter (they have never found guilty of a felony crime, been found mentally incompetent or convicted of the misdemeanor crime of theft)
Call for Assistance
Evidence will need to be provided to the probate court judge in order for these findings to be determined. Attorney Chris Parvin can assist you with this as well as other matters that must be completed when administering or probating a Texas estate.