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In order to obtain letters testamentary in Texas, the probate court must approve the will and determine the qualification of the executor. To do this, the executor must file an application with the appropriate county court with the original will within four years of the decedent's death.
A letter of administration is a brief, one page document issued by the county clerk which simply states that the person identified in the letter is currently serving in the capacity of administrator or administratrix of an estate of deceased person who died without a will (or who died with a will which did not provide ...
This depends on whether they had the right documents and how the property and debt are categorized. Probate may still be necessary depending on the estate's size and type of property and debt.
The county clerk usually provides letters testamentary after a judge grants one. If you need help knowing where to probate a will or where to go for a letter testamentary, an experienced estate attorney from Massingill can point you in the right direction.
Can I Get Letters Testamentary without a Will? The simple answer is no. Letters Testamentary is issued when a person dies with a Will. If a person dies without a Will (?Intestate?), it is necessary for an heir to bring application to receive Letters of Administration and for declaration of heirship.