Legal and planning
Letters of testamentary
Letters testamentary are a court document that confirms an executor's authority to act for an estate. A probate court issues them after it accepts a will. Banks and other institutions often ask to see them. Some states use another name.
Why it matters for your family
Families meet this term after a death. The executor named in the will usually needs the letters before closing accounts, selling property or collecting money for the estate. The court issues them, so the process can take weeks or longer. A common mistake is thinking the will alone gives the executor power. Often it does not. Another is expecting letters when there is no will. In that case a court may issue letters of administration instead. Ask the probate court clerk or an attorney about steps and fees in your county. This term matters little for daily home care, but it matters when a client dies and the family handles the estate. This is not legal advice.
Source: nia.nih.gov
Read more: What is Elder Law and Do You Need an Elder Care Attorney?
Related terms
- Last will and testamentA last will and testament is a legal document that says who receives a person's property after death.
- Revocable living trustA revocable living trust is a legal arrangement in which a person places assets in a trust and keeps the right to change it.
- Beneficiary designationA beneficiary designation names who receives an asset when the owner dies.
- Elder law attorneyAn elder law attorney is a lawyer who focuses on legal issues of older adults.
- Medicaid estate recoveryMedicaid estate recovery is the process where a state seeks repayment from a deceased Medicaid member's estate.
- Power of attorneyA power of attorney (POA) is a legal document in which one person, the principal, names another person, the agent, to act for them.
