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Letters of testamentary grant executors the legal authority to move forward with probate. The personal representative must begin by filing a petition that includes the application, will, death certificate, and other required forms with the court to request and obtain the letter and begin the probate proceedings.
Obtaining this authority is only one small part of estate administration that will be required by the executor. Getting the help of a qualified Texas probate lawyer helps ensure that the process goes smoothly and can deal with any unforeseen matters that may arise.
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.
A Letter of Administration asks the court to consider you as the executor. To file to be an executor, you must: Determine priority for your appointment: After a surviving spouse or any children, probate rules will determine if you qualify to be an executor.
Letters testamentary are granted to an individual if they have been named executor in the decedent's will. Letters of administration, however, are given to an administrator appointed by the probate court if the decedent died intestate, or without a valid will. Both documents grant the same powers to the holder.
Texas law sets out the necessary procedures for obtaining letters testamentary. First, an executor must file an application at the county court with jurisdiction over the decedent's estate. The executor will need the original will and a certified copy of the decedent's death certificate to file an application.
If the estate must go through probate, the probate court will legally confirm your appointment as executor with what are called letters testamentary (sometimes called surrogate certificates).
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.