Probate & Inheritance
What Is Letters Testamentary?
Letters Testamentary are the court document that grants an executor named in a will the legal authority to act on behalf of an estate, including selling real estate. Title companies require them before closing a probate sale.
When a person dies with a valid will, the probate court issues Letters Testamentary to the named executor. This document is proof of their authority to manage estate assets and sign legal documents on the estate's behalf.
If there's no will, the court instead issues Letters of Administration to an appointed administrator — the function is the same, just under different circumstances.
A title company will not close a sale of estate property without seeing these letters. Obtaining them is usually the gating step that determines how quickly an inherited house can be sold.
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