How to Get Letters of Testamentary in Texas

If you’ve been named executor of a Texas estate and need to sell property, access bank accounts, or manage any estate asset, you’ll need Letters Testamentary first. This single document is the key that unlocks your legal authority to act on the estate’s behalf. Here’s everything you need to know about getting them and using them.

What Are Letters Testamentary?

Letters Testamentary (sometimes called “Letters”) is a one-page document issued by the probate court that officially certifies you as the executor of an estate. It states:

• Your name as executor
• The name of the deceased
• The date of death
• The county where the estate is being administered

Banks, title companies, real estate agents, and government agencies all require this document before they’ll let you take action on behalf of the estate. Without it, you have no legal authority — even if you’re named in the will.

Letters Testamentary vs. Letters of Administration

These are similar documents with an important difference:

• Letters Testamentary: Issued when the deceased left a valid will and you were named executor
• Letters of Administration: Issued when there is no will, or when the named executor can’t serve, and the court appoints an administrator instead

Both documents grant essentially the same authority to manage the estate.

How to Get Letters Testamentary in Texas

Step 1: File an Application to Probate the Will

You (or your probate attorney) file an application with the probate court in the county where the deceased resided. You’ll need:

• The original will (Texas courts won’t accept a copy)
• A certified copy of the death certificate
• A completed application form (each county has its own)
• The filing fee (typically $300–$500)

Step 2: Attend the Probate Hearing

The court schedules a hearing, usually 2–4 weeks after filing. At this brief hearing, a judge:

1. Confirms the will is valid under Texas law
2. Verifies there are no contests or objections
3. Formally appoints you as executor
4. Issues the Letters Testamentary

The entire hearing typically lasts less than 30 minutes for an uncontested estate.

Step 3: Take the Oath

Before Letters Testamentary are issued, you must sign an oath swearing to faithfully carry out your duties as executor. This is usually done at the courthouse on the day of the hearing or shortly after.

Step 4: Receive Your Certified Copies

The court issues certified copies of your Letters Testamentary. You’ll want at least 5–10 copies — banks, title companies, financial institutions, and government agencies each want their own original certified copy.

Certified copies typically cost $5–$10 each. Order more than you think you’ll need — running out means going back to the courthouse.

How Long Does It Take?

From the date you file the application to the date you have Letters Testamentary in hand: typically 3–6 weeks in most Texas counties.

Harris County (Houston), Travis County (Austin), and Dallas County have dedicated probate courts with higher caseloads, so they may run toward the 4–6 week end. Smaller counties may move faster.

What Can You Do With Letters Testamentary?

Once you have Letters Testamentary, you have legal authority to:

• Access and close bank accounts in the deceased’s name
• List and sell real property belonging to the estate
• Transfer vehicle titles
• Collect debts owed to the estate
• File and sign tax returns on behalf of the estate
• Pay creditors from estate funds
• Sign contracts on behalf of the estate

For real estate specifically, the title company handling the sale will require a certified copy of your Letters Testamentary, plus a copy of the will showing that you have independent administration authority.

Do Letters Testamentary Expire?

Technically, Texas Letters Testamentary don’t have a hard expiration date. However, institutions often require that they be “recent” — issued within the past 6–12 months. If your Letters are more than a year old, some title companies or banks may ask you to get updated certified copies from the court.

If more than four years have passed since the death and you haven’t opened probate, you may no longer be able to get Letters Testamentary at all — Texas’s four-year probate deadline can foreclose this option.

What If the Executor Can’t or Won’t Serve?

Sometimes the named executor has died, lives out of state, or simply doesn’t want the responsibility. Texas Estates Code § 304.003 allows the named executor to formally decline (“renounce”) the appointment. In that case, the court will appoint a successor executor or an independent administrator.

Alternate executors named in the will step up in order. If none are named or available, an heir can petition to be appointed as administrator.

Using Letters Testamentary to Sell Real Property

Selling a probate property is one of the most common uses of Letters Testamentary. Here’s how the process typically works:

1. Get your Letters from the court
2. Hire a real estate agent (or contact a cash buyer directly)
3. Sign the listing agreement as “John Smith, Independent Executor of the Estate of Jane Smith, Deceased”
4. Accept an offer and sign the purchase contract in your executor capacity
5. Provide Letters to the title company along with a copy of the will
6. Close and fund — proceeds go to the estate account, then distribute to heirs

The entire sale from listing to closing can happen in as little as 3–6 weeks with a cash buyer, or 60–90 days with a financed buyer.

Ready to use your Letters Testamentary to sell a Texas probate property? Review the full list of executor duties in Texas to make sure you’re on track, then contact us — we connect executors with probate-experienced buyers and agents who know how to close cleanly.