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How to Obtain Letters Testamentary in Texas

by Ellen | Dec 11, 2012 | All Articles, Probate Law | 0 comments

Probate lawyer Collin County

How Do I Get Letters Testamentary in Dallas, TX?

You will need to get a probate lawyer to assist you in getting the letters testamentary in Texas.  Every judge will require you to have an attorney.  Keep in mind, the judge may only give letters testamentary to the person named in the Will as the executor.  Getting letters testamentary involves going to probate court and having a probate hearing.  The good news is that the probate process in Texas is not long, difficult or expensive.  

Even though getting letters testamentary legally requires a probate attorney, Shutt Law Firm’s clients are pleasantly surprised at how affordable and straightforward the probate process in Texas is.

Why Do I Need Letters Testamentary in Texas?

What do you do if a family member has passed away and the bank tells you to “go get letters testamentary” to get access to the bank account?  In most cases, it’s simple:  you go get a probate attorney to help you get letters testamentary in probate court.

The reason you need letters testamentary is because it’s required before the bank can release funds to the executor.  The bank needs this court document that gives them permission from the probate court to release the funds.  Banks could be in legal trouble if they released a deceased person’s bank account without authority from a court.

What Is Letters Testamentary?

Letters testamentary is a document issued by the probate court.  So, it’s not a letter at all!  Letters testamentary really look like a one-page certificate, provided by the court. In Texas, the probate court grants letters testamentary to the executor of the estate after the probate judge has been satisfied that the deceased person’s Last Will and Testament meets the legal requirements under Texas law.  This document lets people know that an estate exists and that the executor named has been approved by the court.

In order for the judge to authorize issuance of letters testamentary, the probate court requires a hearing in probate court.  Large counties, like Dallas County and Collin County, have courts that only handle probate law.  The probate hearings are often brief, and the executor will leave the probate court with the letters testamentary.

How Do I Get Letters Testamentary If My Family Member Died Without A Will?

If your family member died with no will, you cannot get letters testamentary from the probate court.  However, in Texas, there is a legal equivalent called Letters of Administration.   The Letters of Administration document does the same jobs as Letters Testamentary.

The probate courts grant Letters of Administration after a probate hearing with a lawyer, in which the lawyer establishes the heirs and the reasons why an administrator (Texas equivalent to an executor in the absence of a Will) is needed.

Getting Letters of Administration generally costs more and takes longer than getting Letters Testamentary.  In other words, the legal probate process involves more steps and has more court costs if someone passed away without a will in Texas.

 

 

 

How Do You Get Shutt Law Firm To Help You Get Letters Testamentary in the Dallas, TX Area?

Schedule your consultation with a Texas probate attorney by following this link

You may also use the online contact form to send the probate attorneys at Shutt Law Firm a message, and he will get back with you as soon as possible. You can also call the office (214-302-8197).

  

 

Visit www.ShuttLawFirm.com for more information on Letters Testamentary Dallas, TX, how to get Letters Testamentary in Texas, Letters of Administration in Dallas, TX, what happens if you die without a will in Texas, or any other Texas probate question, contact experienced Richardson, Texas Wills & Probate lawyers.

Shutt Law Firm’s office is conveniently located just north of Dallas, TX, near the intersection of highway 75 and Arapaho Road in Richardson, TX.

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You can also call the Richardson, Texas Probate attorneys at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. Please consider the Shutt Law Firm if you need letters testamentary, how to serve as executor in Texas, how to probate in Texas, Last Will and Testament, or you need a probate attorney in Dallas, Richardson, Plano, Allen, McKinney, Garland, Addison, TX, Collin County, or surrounding North Texas area.

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DISCLAIMER: Nothing in this brief article constitutes legal advice. The information provided herein is merely provided in the spirit of education. If you have a legal question, you should consult an attorney for your specific legal situation. Further, nothing in this article shall be construed to have started an attorney-client relationship. No such relationship exists until both you and and Shutt Law Firm sign an engagement letter.

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https://www.ShuttLawFirm.com

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