Letters of testamentary are a document that proves someone has the legal right to administer a deceased person’s estate. The letter is issued by a court and appoints an executor or personal representative to handle the estate.

If you have been named as an executor in a will, you will need to obtain letters of testamentary before you can begin administering the estate. The process for obtaining letters of testamentary varies from state to state but generally involves filing a petition with the probate court.

Our law firm can help you navigate the process of obtaining letters of testamentary in Texas. We have experience handling all aspects of probate and estate administration and can help make the process as smooth and stress-free as possible.

How Can I Obtain Letters of Testamentary in Texas?

In Texas, the process for obtaining letters of testamentary begins with the filing of a petition with the probate court in the county where the deceased person resided.

The petition must be filed by an executor or personal representative who has been named in the will. If there is no will, the petition can be filed by any interested party, such as a family member.

The petition must include certain information about the estate, including:

  • The names and addresses of all interested parties
  • A list of all assets and debts of the estate
  • An estimate of the value of the estate

Once the petition is filed, the court will set a hearing date. All interested parties will be notified of the hearing date and must be given an opportunity to object to the appointment of the executor or personal representative.

If there are no objections, the court will issue letters of testamentary at the hearing. The executor or personal representative can then begin administering the estate.

Can Issues Arise with Letters of Testamentary?

While a letter of testamentary is typically a routine document, there are some potential issues that can arise. For example, if there is any ambiguity in the will itself, this can lead to problems with the interpretation of the letter of testamentary. Additionally, if there are multiple beneficiaries who are vying for control over the estate, this can also lead to conflict.

Another potential issue that can arise is if the executor named in the will is unable or unwilling to serve. In this case, it may be necessary to go through the court system in order to have someone else appointed.

Why Should I Hire a Lawyer?

The process for obtaining letters of testamentary can be complicated and confusing. Our law firm has experience handling all aspects of probate and estate administration and can help you through every step of the process. Please contact us today at (210) 340-8877 for a free consultation. We would be happy to review your case and answer any questions you may have.