How to Receive Letters Testamentary

One of the first obstacles most families run into when administering the estate of a deceased loved one is a bank or other institution that requires “Letters Testamentary” in order to get control of and administer probate property. It may seem like an annoyance, but this documentation is used to prevent the wrong person from basically stealing property that does not belong to them.

How do you get “Letters Testamentary” to prove you are the person in charge of the Estate?

Section 178 of the Probate Code controls when the Montgomery County Probate Court in Conroe can issue Letters Testamentary. The law allows the Montgomery County Probate Court to issue Letters Testamentary to the Executor of the Estate within 20 days after the Last Will and Testament has been probated. If the Last Will and Testament is not probated, then you can not obtain Letters Testamentary. Your Woodlands Probate Attorney can help your family get the required documentation to get control of and administer the property in the probate estate.

If the deceased left no Will and is intestate, there are provisions for the Montgomery County Probate Court to issue Letters of Administration. Letters of Administration will be discussed in a separate article.