How Letters Testamentary Are Obtained
After a person dies leaving a will, the named representative files a petition with the county court. The court reviews the will and confirms it meets legal rules. It then appoints the personal representative. The judge issues letters testamentary as official authorization.
What Letters Testamentary Allow
- Accessing the deceased person's bank accounts
- Selling real estate and other property
- Paying debts, creditors, and taxes
- Distributing assets to heirs
- Filing final tax returns
Why a Trust Avoids This Step
When assets are held in a revocable living trust, the successor trustee steps in right away. The trust document itself grants the authority. No court petition, waiting period, or letters testamentary are needed. This is one key advantage of a trust over a will.