What Is A Letter Of Testamentary/Administration?

When an individual is named as the Executor of a will, a Letter of Testamentary or Letter of Administration must be filed with the local court. An Executor is responsible for a number of duties. These duties include protecting the decedent’s property and overseeing the disbursement of any assets. An Executor does not have to be a legal representative, however permission must be granted by the court before the Executor begins handling the deceased person’s estate.

A Letter of Testamentary grants the Executor permission to proceed with the duties stated in a Last Will and Testament. The court appoints the individual as the Executor by validating the request that is provided in the will. A Letter of Testamentary states that the Executor is capable of carrying out the decedent’s wishes. The letter is provided during the probate proceedings and allows the Executor to legally handle the deceased’s assets and properties according to the will.

A Letter of Testamentary is often called a Letter of Administration. A Letter of Administration is essentially the same document, however the use of this letter occurs when no will has been created. In this case, the person appointed by the court to carry out the deceased person’s wishes is named the Administrator. A family member or beneficiary of the deceased can address the court with the death certificate and request to become an Administrator.

In order to obtain a Letter of Testamentary/Administration the individual must make an official application at the probate court. The application must be submitted within four years after the death of the person who composed the will. The death certificate and the Last Will and Testament must be taken to the county court where the deceased person resided. A probate petition is then filed, and the court determines the validity of the will. After validating the will, the court issues the Letter of Testamentary/Administration which authorizes the Executor or Administrator to carry out the requests of the will. The letter states the name of the Executor and decedent, the date of the appointment, and the county and state in which the estate was filed. Once the Letter of Testamentary/Administration is issued, the Executor or Administrator must disclose it to any institutions that are involved in the collecting of all assets.

This information is for individuals seeking to learn about Letters of Testamentary/Administration. It is not meant to serve as legal advice.

More information can be found by contacting the Long Island Law Office of Andrew M. Lamkin, P.C.