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Simple English definitions for legal terms
letters testamentary
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A quick definition of letters testamentary:
Letters testamentary are papers that a court gives to the person named in a will to carry out the wishes of the person who died. Only the person named in the will can get these papers. In some places, the person has to prove they are eligible to get the papers. A company cannot get these papers, even if it is owned by the person named in the will. If the person named in the will does not want to do the job, someone else can be chosen. The court can take away the papers if they were given out in the wrong way or in the wrong place.
A more thorough explanation:
Letters testamentary are legal documents issued by a probate court to the executor of a deceased person's estate. The executor is the person named in the deceased person's will to carry out their wishes and manage their assets. The letters testamentary give the executor the legal authority to act on behalf of the estate and enforce the terms of the will.
For example, if a person named their sister as the executor of their will, the sister would need to go to probate court and obtain letters testamentary in order to access the deceased person's bank accounts, sell their property, and distribute their assets according to the will.
In order to receive letters testamentary, the executor must be named in the will and meet certain eligibility requirements set by state law. In some states, corporations are not eligible to act as executors, even if they have a single owner or shareholder. If the named executor refuses to act, the court may appoint someone else to serve as executor.
If letters testamentary are issued illegally or in the wrong jurisdiction, the probate court has the power to revoke them.