Certified Letters Testamentary: Executor's Guide in 2025

Ordering certified letters of testamentary is a critical step in the Texas probate process—it’s what gives you the legal authority to act on behalf of the estate. Without these official court documents, banks, insurance companies, and title offices won’t recognize you as the executor. If you’ve been named in the will, these letters are the proof you need to access accounts, pay debts, and distribute assets. Understanding when and how to request certified copies helps you avoid unnecessary delays and ensures a smoother administration of the estate.

What Are Letters Testamentary?

Letters Testamentary are official court documents that name you as the executor of an estate. Once the court approves the will and confirms your appointment, the clerk issues these letters so you can start handling estate affairs.

Most institutions won’t accept photocopies. That’s why you’ll need certified copies. Each certified letter has a raised seal and court signature. These copies serve as proof of your legal authority to settle the estate.

When Do You Need Certified Letters?

You’ll need certified Letters Testamentary for almost every major task related to the estate. Some common situations include:

Accessing bank accounts
Selling or transferring real estate
Claiming life insurance or retirement funds
Paying debts or closing credit cards
Filing taxes under the estate’s name
Handling legal claims on behalf of the deceased

Think of these letters as your credentials. Each time you present one, you’re confirming that the court has legally authorized your actions.

Who Can Request Them?

Only the appointed executor named in the court order may request Letters Testamentary. You must already have court approval before the clerk issues them. If the will does not name an executor or if the named person is unavailable, the court may appoint someone else under Letters of Administration. That’s a different process.

If the court named you executor, you have the right to order certified copies for estate-related business. You can also request more copies later if needed.

How to Get Letters Testamentary in Texas

You can’t just walk into court and ask for Letters Testamentary. You must follow a formal probate process that includes proving the will and receiving approval from the probate judge. Here’s how it works.

1. File the Will with the Probate Court

Start by filing the original will and a written application for probate in the county where the deceased lived. You must file within four years of the person’s death unless you have a valid reason for the delay.

Include the following with your application:

The original signed will
A death certificate
A completed probate application
Your contact information as executor

Once filed, the court will assign a case number and set a hearing date.

2. Attend the Probate Hearing

The court usually holds a brief hearing to confirm the will is valid and that you qualify as executor. You must prove the will meets Texas legal standards and that the person died without disputes about the document’s authenticity.

The judge may ask basic questions:

Were you named as executor in the will?
Did the person die in this county?
Do you accept the responsibility of serving as executor?

If everything checks out, the court will issue an order that authorizes the clerk to prepare Letters Testamentary.

3. Take the Executor Oath

You must take an oath before the court or a court clerk. This oath confirms your promise to carry out your duties honestly and lawfully. The court won’t issue your Letters until you complete this step.

Most courts allow you to take the oath during the probate hearing. If not, you can take it at the clerk’s office shortly after the hearing.

4. Order Certified Copies from the Clerk

Once the oath is on file, you can request certified copies of your Letters Testamentary. These copies include the court’s raised seal, date of issuance, and the clerk’s signature.

Each certified copy usually costs between $2 and $5 depending on the county. Order several copies. Most executors need five to ten copies for banking, real estate, and other transactions.

You can order them:

In person at the probate clerk’s office
By mail with a written request and payment
Online if the court offers digital record services

Ask for additional copies if you later discover more assets to claim or institutions that require proof of authority.

How Long Are Letters Testamentary Valid?

Letters Testamentary in Texas do not expire. However, some companies may require a “recent” copy. They might ask for one issued within the last 60 or 90 days.

If you need to show proof months after the court issued the original letters, request a fresh certified copy. This proves the estate remains active and that you’re still legally authorized to act.

What to Do If You Lose a Copy

If you lose or misplace a certified copy, you can always order another one. Contact the probate clerk in the same county where the court approved the will. Give them your case number or the name of the deceased. They’ll reissue a certified copy for a small fee.

You can also request copies even years after the estate closes, as long as the court still holds the probate file.

Mistakes to Avoid When Handling Letters Testamentary

Many first-time executors run into problems because they misunderstand the process. Avoid these common missteps:

Don’t Use Uncertified Copies

Only certified Letters hold legal weight. A bank or title company may reject a photocopy, even if it looks official. Keep extra certified copies to avoid delays.

Don’t Delay Filing the Will

Waiting too long can cause problems with asset transfers or legal deadlines. File the will and begin probate within four years of the person’s death unless the court grants an exception.

Don’t Mix Personal and Estate Funds

Once you get your Letters Testamentary, open a separate estate account. Deposit all estate funds there and never mix them with your own money. Doing so may cause legal and tax issues.

Don’t Skip Updating Creditors

You have a duty to notify known creditors and publish notice for unknown ones. These steps protect the estate from unpaid claims later.

What Happens After You Receive the Letters?

Getting certified Letters gives you the green light to begin your work. As executor, your next steps include:

Inventorying assets and filing with the court
Notifying heirs and beneficiaries
Settling debts and taxes
Distributing property according to the will
Filing a final report with the court

Some counties require periodic updates. Keep records of everything you do, including bank statements, bills paid, and receipts for distributions. These records protect you if questions arise.

Final Thoughts

Ordering certified Letters of Testamentary is one of the first and most crucial steps for any executor in Texas. These documents give you the legal authority to manage the estate and carry out the instructions in the will. Without them, banks, financial institutions, and government agencies won’t allow you to take action on behalf of the deceased. To avoid delays, follow the court’s process carefully, request enough certified copies, and stay organized throughout. By ordering certified Letters of Testamentary properly, you’ll be prepared to handle your duties confidently and close the estate efficiently.

Frequently Asked Questions

Is a letter of testamentary required in Texas?

Yes, a letter of testamentary is typically required in Texas to authorize an executor to act on behalf of the decedent’s estate.

How do I get a copy of a testamentary letter in Texas?

To obtain a copy of a testamentary letter in Texas, you’ll need to go through the probate process and request it from the probate court where the estate is being administered.

What is a letter of administration in Texas?

A letter of administration in Texas is a legal document issued by the probate court that authorizes an administrator (when there is no will) to manage the estate of a deceased person.

How do you probate a will in Texas?

Probating a will in Texas involves filing the will with the probate court, notifying interested parties, inventorying assets, settling debts, and distributing the remaining assets to beneficiaries according to the terms of the will.

Ordering Certified Letters of Testamentary as an Estate Executor

What Are Letters Testamentary?

When Do You Need Certified Letters?

Who Can Request Them?