What’s a Letter of Testamentary?

A letter of testamentary is a legal document that a probate court will use to appoint an executor to manage the estate of a deceased person (decedent). The letter allows an executor to access financial accounts, sell property, distribute assets, and pay debts in accordance with a decedent’s will.

Talk with an estate planning lawyer in Boca Raton if you want to obtain a letter of testamentary. Your attorney will guide you through the process of filing a petition for administration with the local probate court, submitting the original will and death certificate with the court, and paying filing fees.

What Is the Purpose of a Letter of Testamentary?

A letter of testamentary formally authorizes you to serve as an executor to manage, settle, and distribute a decedent’s estate. Reasons why you may need a letter of testamentary after a family member’s death include:

Accessing, closing, or transferring the decedent’s bank accounts, stocks, and bonds
Selling, transferring, or managing the decedent’s property
Paying the decedent’s outstanding debts, filing their final tax returns, or fulfilling various tax obligations
Distributing the decedent’s property and assets to their beneficiaries
Representing the decedent’s estate in legal proceedings
Transferring vehicle ownership to a deceased person’s heir or beneficiary

Typically, a letter of testamentary lists the deceased’s name, date of death, the county of probate, and the executor’s name. The letter serves as legal proof of authority for financial institutions, government agencies, title companies, and courts to transfer assets, pay debts, and close accounts.

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Steps to Obtain a Letter of Testamentary in Florida

Trust an estate planning attorney who has experience handling wills and trusts to help you obtain a letter of testamentary. Your lawyer will remain accessible to you throughout the process to get a letter of testamentary, which consists of these steps:

Locate the decedent’s will. Find the original document, which will name you as the deceased’s personal representative.
File a petition with the probate court. Submit a petition for administration in the circuit court of the county where the deceased lived. You will also have to provide the court with the death certificate and the original will.
Attend a hearing. If the court requires a hearing, join the session to verify the will and your fitness to serve as executor.
Take an oath. Per Florida Statute 731.104, you will have to file an oath to affirm your commitment to manage the decedent’s estate.
Obtain certified copies of the letter. After the letter is issued, request multiple certified copies. You can give these copies to banks, creditors, and others upon request.

If a deceased person doesn’t have a will, a probate court can issue a letter of administration. With this, you can be appointed an administrator to manage and distribute the estate of a person who died intestate (without a valid will).

How Long Does It Take to Get a Letter of Testamentary?

A probate court may issue a letter of testamentary within two to three weeks after you file your petition for formal administration and your court hearing is held. For a simple and uncontested estate, the court could issue your letter in days. Comparatively, if the court is located in a high-volume area or experiences delays, months could pass before you get your letter.

Generally, a probate court will issue a letter of testamentary to the personal representative named in a decedent’s will. However, an attorney will have to file a petition for this representative to start the process to secure the letter.

After a judge signs an order to issue a letter of testamentary, it could take anywhere from a few days to several weeks before you get this document. Once you receive your letter, full estate administration could take months or years.

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Do You Need to Get a Letter of Testamentary?

You will have to get a letter of testamentary if you’ve been named the executor of a decedent’s will and need to manage their estate. The letter is necessary to confirm that you’re authorized to act on the estate’s behalf.

A letter of testamentary will be required if an estate goes through the probate process. Estate planning lawyers can provide insights into what happens during the probate process and address any challenges that you could face as you try to obtain this letter.

If a decedent has placed their assets in a trust, it is unlikely that you will need a letter of testamentary. As a successor trustee, you may use a certificate of trust and the document itself to manage a decedent’s assets.

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Ask for Help to Obtain a Letter of Testamentary in Florida

Losing a loved one is an overwhelming experience. In the aftermath of your tragic loss, you are responsible for managing their assets. At this point, you may need a letter of testamentary from the probate court. Thankfully, estate planning attorneys can help you obtain this letter promptly.

The Siegel Law Group, P.A., gives you access to a legal team with 100 years of combined experience. We offer personalized legal solutions tailored to the needs of you and your family. Let us help you with your letter of testamentary request. To get started, schedule a free consultation.

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