letters testamentary
Noun: A formal legal instrument, issued by a probate court or a court officer, that officially notifies an individual of their appointment as the executor of a deceased person's will and grants them the legal authority to administer the estate.
This term is used exclusively in the context of law and estate administration. It refers to the official court document that empowers an executor to act. - The court issued the letters testamentary, allowing the executor to begin settling the estate. - Before she could access the bank account, she had to present the letters testamentary to prove her authority.
- To apply for/grant/receive letters testamentary: This phrase describes the process of obtaining this legal authority.
- The named executor must apply for letters testamentary at the local probate court.
- The document is often required to be presented to financial institutions, government agencies, and other parties to conduct business on behalf of the estate.
- Letters of Administration (noun): A similar legal document issued when a person dies without a will (intestate), appointing an administrator instead of an executor.
- Executor (noun): The person appointed in a will to carry out its instructions, who receives the letters testamentary.
- Probate (noun): The legal process of proving a will is valid and administering an estate.
- Executor's commission
- Grant of probate (in some jurisdictions)
This is a fixed legal term. The word "letters" in this context is an archaic term for an official document or written authorization, not a reference to correspondence. The term is always used in its plural form, "letters testamentary."
- a legal document from a probate court or court officer informing you of your appointment as executor of a will and empowering you to discharge those responsibilities