What are Letters Testamentary and what do they do?
Will you need them for your probate case?
In this article, we will answer those questions and more.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
Letters Testamentary Are A Court Order Issued By The Probate Court.
It is the formal document where the Probate Court officially appoints the Executor to represent the Estate.
As a result, the Letters Testamentary give the Executor the authority to:
- Collect Estate assets.
- Work with creditors.
- Take other actions on behalf of the Estate.
Without that document, the Executor identified in the will has no power whatsoever.
If you are in a situation where the deceased left a Will, then you will need to have Letters Testamentary in your case.
Without Letters Testamentary, financial institutions and creditors will not speak with you, and you will not have the legal authority to transfer or sell Estate property. (Including selling the estate home.)
To obtain Letters Testamentary, the deceased must have left a Will and you must file the Will along with an appropriate petition in the Probate Court.
If the Deceased did not leave a Will, then you would use a different process and receive a different order called Letters of Administration.
Next Steps:
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you’re trying to settle an estate, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.
