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Letters Testamentary: How Executors Get Them, by State

Figures verified November 9, 2026 against TexasLawHelp.org: Probate court basics · Update log

Short answer

Letters testamentary are the court document that proves you are the executor of someone's will. You get them by filing the original will and a petition with the probate court in the county where the person lived. Once the court appoints you, it issues letters, and banks and title companies accept a certified copy as your authority.

Without a will, the court issues letters of administration instead. In an uncontested case, letters usually come within a few weeks, and the filing fee is typically $100 to a few hundred dollars.

What letters testamentary are

A will names an executor, but the will alone doesn't give that person any legal power. A bank can't tell whether the will is the last one, whether it is valid, or whether the court has appointed someone else. Letters solve that: they are the court's certificate that it has admitted the will to probate and appointed you. TexasLawHelp describes them as the court paper that lets a personal representative act for an estate.

States use different names for the same thing. California issues "Letters" on form DE-150, Michigan and Ohio issue letters of authority, Connecticut a fiduciary's probate certificate, Virginia a certificate of qualification, South Carolina and New Hampshire a certificate of appointment, and Wisconsin domiciliary letters. The table below lists each state.

Letters testamentary vs letters of administration

DocumentWho gets it
Letters testamentaryThe executor named in the will.
Letters of administrationAn administrator the court appoints when there is no will, usually the spouse or a close relative in the order state law sets.
Letters of administration with the will annexed (c.t.a.)Someone the court appoints when there is a will but the named executor has died, declines or can't serve.

Florida, Maryland and DC issue letters of administration whether or not there is a will, so the name alone doesn't tell you which kind of estate it is.

How to get letters testamentary

  1. Find the original will. Courts want the original, not a copy. Many states require whoever holds it to file it with the court after the death.
  2. Check whether you need probate at all. If everything passed by beneficiary designation, joint ownership or trust, or the estate fits your state's small estate limit, you may not need letters.
  3. File the petition with the probate court in the county where the person lived, with the original will, a certified death certificate and the filing fee. Most states let you choose a simpler informal or independent process when no one objects.
  4. Give notice to the heirs and beneficiaries the way your state requires, before or after filing.
  5. Post a bond or get it waived. A bond is insurance that you will handle the estate honestly. Many wills waive it, and in many states the heirs can agree to waive it.
  6. Take the oath or sign the acceptance of appointment.
  7. Receive your letters and order several certified copies.

Your first jobs after that: get an EIN and open the estate bank account, file Form 56 with the IRS, and publish the notice to creditors where your state requires it. The executor checklist has the full order.

How long it takes and what it costs

Timing depends mostly on whether the case is informal and uncontested. Massachusetts can issue an informal order as soon as 7 days after the death. North Dakota accepts an informal application once 5 days have passed. New Jersey Surrogates won't admit a will until 10 days after the death. A formal case with a hearing, a missing heir or an objection can take months. See how long probate takes in each state for the whole estate.

Filing fees as the courts publish them:

Add certified copies, the newspaper notice to creditors and any bond premium. Attorney and executor fees are the larger costs; the probate cost calculator estimates them.

Using your letters

  • Give a certified copy, with a death certificate, to each bank, broker and insurer that holds estate assets. They will retitle or close the accounts into the estate's name.
  • Use them to sell or transfer real estate, together with whatever deed or court approval your state requires.
  • Keep a copy with the estate's tax records. The IRS doesn't need your letters to issue an EIN, but it can ask for proof of your appointment later.
  • Order fresh certified copies if a bank asks for one issued recently.

Probate court and letters in every state

Where you file and what the court calls the document. The link goes to the state's probate forms, or a county's where the state has none.

State and courtDocument and forms
AlabamaCounty probate court (the probate judge)Letters testamentary (with a will) or letters of administration (without one)Mobile County Probate Court (forms vary by county)
AlaskaSuperior Court (probate)Letters testamentary (with a will) or letters of administration (without one)Alaska Court System probate forms
ArizonaSuperior Court in the county (probate)Letters of appointment of personal representativeArizona Courts self-service probate forms
ArkansasCircuit Court, probate divisionLetters testamentary (with a will) or letters of administration (without one)Arkansas official probate forms
CaliforniaSuperior Court in the countyLetters (Judicial Council form DE-150)California Courts self-help: probate
ColoradoDistrict Court (Denver Probate Court in Denver)Letters testamentary or of administration (JDF 915)Colorado Judicial Branch: open an estate
ConnecticutProbate court for the district where the person livedFiduciary's probate certificateConnecticut Probate Courts forms list
DelawareRegister of Wills in the countyLetters testamentary (with a will) or letters of administration (without one)New Castle County Register of Wills forms
District of ColumbiaSuperior Court, Probate DivisionLetters of administrationDC Superior Court: large estates forms
FloridaCircuit Court (probate division) in the countyLetters of administration (with or without a will)Eleventh Judicial Circuit (Miami-Dade) probate forms; forms vary by circuit
GeorgiaCounty probate courtLetters testamentary (with a will) or letters of administration (without one)Georgia Probate Court Standard Form GPCSF 3
HawaiiCircuit Court (probate)Letters testamentary (with a will) or letters of administration (without one)Hawaii Judiciary circuit court forms
IdahoMagistrate division of the District CourtLetters testamentary (with a will) or letters of administration (without one)Idaho Court Assistance Office (wills and probate forms)
IllinoisCircuit Court in the countyLetters of officeIllinois Supreme Court approved statewide forms
IndianaCircuit or Superior Court (probate) in the countyLetters testamentary (with a will) or letters of administration (without one)Indiana Judicial Branch forms; most probate forms are county forms
IowaDistrict Court (probate)Letters of appointmentIowa Judicial Branch probate forms
KansasDistrict CourtLetters testamentary (with a will) or letters of administration (without one)Kansas Courts self-help: probate
KentuckyDistrict Court in the countyOrder appointing the executor or administrator (AOC-805.1 or 805.2)Kentucky Court of Justice legal forms (AOC-805 and others)
LouisianaDistrict Court of the parish (a succession)Letters testamentary (with a will) or letters of administration (without one)LouisianaLawHelp: guide to a Louisiana succession
MaineCounty probate court (register of probate)Letters of authorityMaine probate courts forms
MarylandRegister of Wills (Orphans' Court) in the countyLetters of administrationMaryland Register of Wills forms
MassachusettsProbate and Family CourtLetters of authority for personal representative (MPC 751)Probate and Family Court forms for wills, estates and trusts
MichiganCounty probate courtLetters of authorityMichigan SCAO-approved forms
MinnesotaDistrict CourtLetters testamentary or letters of general administrationMinnesota Judicial Branch probate forms
MississippiChancery Court in the countyLetters testamentary (with a will) or letters of administration (without one)Mississippi Judiciary (no statewide probate forms; ask the chancery clerk)
MissouriCircuit Court, probate divisionLetters testamentary (with a will) or letters of administration (without one)Missouri Courts probate forms
MontanaDistrict CourtLetters testamentary (with a will) or letters of administration (without one)Montana Judicial Branch probate forms
NebraskaCounty CourtLetters of personal representativeNebraska Judicial Branch self-help: estates
NevadaDistrict CourtLetters testamentary (with a will) or letters of administration (without one)Civil Law Self-Help Center (Clark County court): probate
New HampshireCircuit Court, Probate DivisionCertificate of appointmentNH Circuit Court Probate Division forms
New JerseyCounty Surrogate's CourtLetters testamentary (with a will) or letters of administration (without one)Bergen County Surrogate: probate (each county's Surrogate prepares the papers)
New MexicoCounty probate court or District CourtLetters testamentary (with a will) or letters of administration (without one)New Mexico Courts self-representation: probate
New YorkSurrogate's Court in the countyLetters testamentary (with a will) or letters of administration (without one)NY Surrogate's Court probate forms
North CarolinaClerk of Superior Court (estates division)Letters testamentary (with a will) or letters of administration (without one)NC Judicial Branch: estates
North DakotaDistrict CourtLetters testamentary (with a will) or letters of administration (without one)ND Legal Self Help Center: informal probate
OhioCounty probate courtLetters of authoritySupreme Court of Ohio standard probate forms
OklahomaDistrict CourtLetters testamentary (with a will) or letters of administration (without one)OKLaw (Legal Aid Services of Oklahoma): wills and probate
OregonCircuit CourtLetters testamentary (with a will) or letters of administration (without one)Oregon Judicial Department forms (few probate forms)
PennsylvaniaRegister of Wills in the county (Orphans' Court for disputes)Letters testamentary (with a will) or letters of administration (without one)Pennsylvania Orphans' Court forms
Rhode IslandProbate court of the city or townLetters testamentary (with a will) or letters of administration (without one)Rhode Island probate form PC-1.5
South CarolinaCounty probate courtCertificate of appointmentSC Judicial Branch probate court forms
South DakotaCircuit CourtLetters of personal representativeSD Unified Judicial System self-help (no probate packet; ask the clerk)
TennesseeProbate or chancery court, depending on the countyLetters testamentary (with a will) or letters of administration (without one)Davidson County probate estate forms (forms vary by county)
TexasCounty court, or a statutory probate court in larger countiesLetters testamentary (with a will) or letters of administration (without one)TexasLawHelp: probate court basics
UtahDistrict CourtLetters testamentary (with a will) or letters of administration (without one)Utah Courts self-help: probate
VermontSuperior Court, Probate DivisionLetters testamentary (with a will) or letters of administration (without one)Vermont Judiciary court forms
VirginiaCircuit Court clerkCertificate of qualificationVirginia circuit court fiduciary forms
WashingtonSuperior Court in the countyLetters testamentary (with a will) or letters of administration (without one)Washington Courts forms list (few probate forms)
West VirginiaCounty Commission, through the county clerkLetters testamentary (with a will) or letters of administration (without one)Kanawha County fiduciary and probate (forms vary by county)
WisconsinCircuit Court (register in probate)Domiciliary letters (PR-1810)Wisconsin circuit court forms (probate)
WyomingDistrict CourtLetters testamentary (with a will) or letters of administration (without one)Wyoming Judicial Branch self-help forms

Optional: get help filing

Get a flat-fee quote for the estate's tax returns

The final Form 1040, the estate's Form 1041 and any state return are the parts executors most often hand off. Leave your email and the rough estate size, and a CPA or Enrolled Agent who prepares estate returns will reply with a fixed price. Free, and no obligation.

Add details (optional, helps the CPA price it)

We pass your request to an independent CPA or Enrolled Agent who prepares these returns. We may be paid a referral fee by the professional; it never changes the price you are quoted. This is not legal or tax advice.

Frequently asked questions

What are letters testamentary?

A court document that names the executor of a will and confirms their authority to act for the estate. Banks, brokers, title companies and government offices ask for a certified copy before they will release assets or deal with the executor.

What is the difference between letters testamentary and letters of administration?

Letters testamentary go to an executor named in a will. Letters of administration go to an administrator the court appoints when there is no will, or when the named executor can't or won't serve (often called letters of administration with the will annexed). Both give the same practical authority.

How long does it take to get letters testamentary?

In an uncontested case, often a few weeks after you file. Some states move fast: Massachusetts can issue an informal probate order as soon as 7 days after the death, and North Dakota accepts informal applications 5 days after the death. New Jersey Surrogates won't admit a will until 10 days after the death. A formal case with a hearing, a missing heir or an objection can take months.

How much do letters testamentary cost?

The court filing fee usually runs from about $100 to a few hundred dollars, for example $229 in Colorado and $375 plus a $15 surcharge for an informal petition in Massachusetts. Add certified copies, publishing the notice to creditors, and a bond premium if a bond is required.

Do letters testamentary expire?

Letters stay in effect until the estate closes or the court revokes them. But many banks and title companies want a certified copy issued recently, so you may need to order fresh copies from the court during a long administration.

Can an executor do anything before getting letters?

Only a little. Before appointment you can arrange the funeral, secure the home and valuables, and gather records, but you can't sign for the estate, open an estate bank account or collect the person's money. That authority starts when the court issues letters.

Do I need letters testamentary if the estate is small?

Often not. Every state has a shortcut for small estates, usually a small estate affidavit you give to the bank. Limits range from $15,000 to $400,000 depending on the state.

Sources

  1. 1.TexasLawHelp.org: Probate court basicstexaslawhelp.org
  2. 2.Mass.gov: MUPC estate administration procedural guide, informal proceedingsmass.gov
  3. 3.Colorado Judicial Branch, JDF 906: Instructions for probate with a will (June 2026)coloradojudicial.gov
  4. 4.North Dakota Courts: Guidebook for informal administration of an estatendcourts.gov
  5. 5.Bergen County Surrogate's Court: Probatesurrogate.bergencountynj.gov
  6. 6.NY Courts: Surrogate's Court probate formsnycourts.gov

This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.