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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.
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.
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.
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.
What is the Purpose of Letters Testamentary? Letters testamentary are a court order issued by the probate court legally entitling the executor to act on behalf of the estate and administer the will.
A letter of administration is a court-issued document that gives someone the authority to act as the estate administrator. The administrator can then access and manage the late person's assets, such as financial accounts and real estate property.
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.
An executor fulfills the same role as an administrator; the only difference is how they are appointed. If you are an executor, you were nominated to serve in the decedent's will and appointed by a probate court. Administrators and executors are commonly referred to as personal representatives.