In probate, conversations with banks and title companies eventually arrive at one sentence: “Please provide letters.” This is not a suggestion. Letters testamentary (if there is a will) or letters of administration (if there is not) are the court’s written proof that you are the person empowered to act for the estate. Without letters, you cannot open an estate bank account, sell a house held in the decedent’s name, negotiate with a transfer agent, or access non‑payable records. This article explains what letters are, how to obtain them promptly, what they allow you to do, and how to avoid common missteps that send you back to the clerk’s window.

What letters actually are

Letters are a short, formal document issued by the probate court stating that you have been appointed to act as personal representative and that you have the powers the law provides and, in many cases, the powers the last will and testament grants. Think of letters as the estate’s driver’s license. Institutions recognize them because they know a judge has already verified the basics: the death occurred, the will (if any) is lodg­ed, notice to interested parties is underway or complete, and you have priority to serve.

Some states issue a one‑page certificate; others issue “letters” plus a separate order. In practice, third parties want what their compliance teams know how to file. When in doubt, request multiple certified copies of whatever your court issues.

Letters testamentary versus letters of administration

If the decedent left a valid will naming you as executor, the court will appoint you under that will and issue letters testamentary. The will may grant specific powers—like selling real estate without further order—that your letters put in motion. If there is no will or no named executor able to serve, the court appoints an administrator under statute and issues letters of administration. Administrators have similar powers but answer to the statute rather than to a will for many decisions. The functional difference for banks is minor; the procedural path to your appointment differs.

How to get letters fast (without cutting corners)

Speed comes from preparation, not pleading. File a complete petition with the original will if it exists, a certified death certificate, a clear list of heirs and beneficiaries with current addresses, and any required consents or waivers. If your state requires a bond and the will does not waive it, arrange the bond before the hearing so issuance is not delayed. Ask the clerk whether your county issues letters at filing, after a short hearing, or only after proof of publication is filed; sequence your tasks accordingly. If a hearing is required, calendar it, appear on time, and bring identification; some courts still ask.

When letters are ready, order extras. You will hand them out more quickly than you think: one to the bank for the estate account, one to each brokerage, one to the life insurer that insists on seeing authority before discussing a policy, and one to the title company. If you later need more, you can order them—but avoid creating a bottleneck by rationing at the start.

What letters let you do—and what they don’t

Letters authorize you to collect and manage estate assets: open bank accounts, receive checks payable to the estate, access brokerage positions, list and sell real estate with a willing buyer, pay valid debts and expenses, and file tax returns. They do not create rights where the estate has none. If an account names a living beneficiary, letters won’t redirect those funds into probate; beneficiary designations control. If a transfer agent insists on medallion signature guarantees for a stock transfer, letters won’t waive private requirements. They simply prove that you are the right person to complete the paperwork.

Some states require a separate court order to sell real property; others allow sales under the general power once letters issue. Read your will and local rules. A title company that asks for either the will’s specific sale authority or a court order is not being difficult; it is preventing future disputes about your power to sell.

How long letters last and why “originals” matter

Letters are not a one‑day pass. They remain valid until the court revokes or the estate closes. That said, many institutions want “recent” letters—often issued within the last 60 or 90 days—so they can show their auditors that authority is current. If a bank balks at six‑month‑old letters, the solution is simple: request fresh certified copies. Do not argue policy with branch staff who cannot change it.

When handing letters to third parties, expect them to keep a certified copy. Provide copies, not the court’s only original. Keep one certified copy for your file so you always have proof of authority at hand.

Avoid the missteps that trigger re‑filings

Three errors generate most delays: submitting a copy of the will instead of the original when an original exists; failing to include addresses for all heirs and beneficiaries so notice cannot be completed; and overlooking a bond requirement when the will does not waive bond. The cure is simple diligence. If you truly cannot locate the original will, your court likely has a procedure to admit a copy with affidavits—follow it rather than hoping a clerk will relax the rules. If an heir’s address is unknown, tell the court what steps you took to locate it; courts appreciate transparency more than perfection.

How letters interact with living trusts

If most assets sit in a revocable living trust, you may never need letters for those assets. The successor trustee acts under the trust and a certificate of trust. You may still need letters for leftover probate property or to sign a short tax return. In that case, letters testify to your role as executor, while the certificate proves the trustee’s role. When banks mix the two, gently separate them: for trust accounts, here is the certificate; for probate items, here are the letters.

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Name an executor clearly in a valid U.S. will: Online Last Will & Testament → /product/online-last-will/