Letters Testamentary

Letters testamentary are official papers (essentially a court order ) given by probate court stating that a person has the legal authority to act on behalf of the deceased person's estate. This person is usually acting as the executor or administrator of a person's will.

In order for letters testamentary to be issued by a probate court, a person who has an interest in the deceased person's estate must first make an application to the court. This application must be made within four years of the death of the decedent.

In addition to in the estate's executor or administrator named in the will, a beneficiary or alternate executor or creditor may also make an application for letters testamentary.

Letters testamentary will likely be needed in order to recover estate assets including transferring title on real property.

Letters Testamentary (Probate) in Texas Law

Civil Practice and Remedies

Letter+testamentary*

pertaining to qualification of foreign personal representative

Finance Code

Letter+testamentary*

pertaining to venue

Government Code

Letter+testamentary*

pertaining to powers of associate judge, court fees and costs

Local Government Code

Letter+testamentary*

pertaining to fees, letters and abstracts

Occupation Code

Letter+testamentary*

pertaining to transfer of ownership of manufactured home

Probate Code

Letter+testamentary*

pertaining to issuance, jurisdiction, venue, incident to estate, enforcement, notices, writs, passage of title, intestacy, death, renunciation of property, application, right to serve, waiver, proof, suit for recovery of debts, evidence, oath, bond, appraisers, distribution, community property, joint property, neglect

Transportation Code

Letter+testamentary*

pertaining to transfer of vehicle

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John Q. Lawyer

Attorney at Law

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