What Are Letters Testamentary? How Can I Avoid Probate?

by Patricia Louise Nelson

Many, if not most, of my probate matters begin with a phone call to my office. The caller very often begins by saying, “My mom (dad, sister, brother, or friend) died.  Her banker (investment advisor or realtor) says I need ‘Letters Testamentary’ before I can access her bank account (investment account or sell her real property).  What is that? I definitely want to avoid probate. Can you help me?” 

I always feel a bit of sadness for the caller as I explain that Letters Testamentary is the document the court issues when it opens a full probate, so the two questions are mutually inconsistent.  If you really need Letters Testamentary, that means you need to take the assets through probate.

The professional advising the caller that they need Letters Testamentary may not be right.  Because probate is a significant undertaking with substantial costs, it is important to explore all alternatives that may be available. 

Give us a call, let’s figure out whether you really need Letters Testamentary.