Probate Letters In Texas: How They Work

In this article, you can discover…

• The function of probate letters in estate planning.
• The difference between probate letters and letters of administration.
• Whether probate letters can be contested.

What Are Probate Letters?

A probate letter, also known as a “letter of testamentary,” is sent out when a person’s will has been admitted to probate, and someone has been named within that will to execute the probate process.

The letter certifies from a court that the person named as executor has the legal authority to handle the estate of the person who has passed away. In some cases, this person is a beneficiary themselves, such as a child of the person who has passed away. As executor, they legally act on behalf of the decedent, executing their will and distributing assets according to that person’s wishes.

What Is The Difference Between Probate Letters And Letters Of Administration?

Both letters of testamentary and letters of administration are types of probate letters. Letters of testamentary are sent out when a specific person is named as the executor of a will, allowing that person to act on behalf of the person who wrote the will once it enters probate.

Letters of administration are sent out when no one is named executor within the will. This document names someone the court has chosen to be in charge of selling assets or distributing assets according to the wishes of the deceased. Usually, this appointment needs the approval of other beneficiaries.

In other cases, the court may decide to appoint a neutral third party, such as an attorney, to administer the estate.

Can Probate Letters Be Contested?

If you have a good reason, you can contest the admission of a will to probate and can also contest the appointment of a person named within the will. For example, perhaps the person named within the will as executor is guilty of stealing from or defrauding someone, and you don’t trust them to execute the estate honestly.

In other cases, the person named may be abusing estate assets or refusing to distribute assets to beneficiaries. You may also suspect that the will was written under duress or that the will’s author was not in a sound frame of mind to name someone as executor. In rare cases, you may suspect that the will itself is a forgery.

Attorney Farren Sheehan is a dedicated, caring estate planning attorney serving Texas. For over 20 years, she’s helped families just like yours better understand probate, execute wills faithfully, and navigate family’s concerns with success.

Have questions, or in need of sound legal help? Reach out to Sheehan Law, PLLC at (512) 355-0155 for an initial consultation today.

In these cases, you can bring your concern to the attention of the court, which may then decide to appoint a neutral party to the role of executor or investigate your claims and concerns. Without good cause, however, the court is likely to honor the wishes of the decedent and retain the person they selected as executor.

What Are The Responsibilities Of An Executor Once Probate Letters Are Issued?

The executor has the responsibility to follow the wishes of the decedent faithfully, exactly as they are written in the will. They also have a responsibility to do this in accordance with probate law.

The executor also has a responsibility to notify creditors of the estate (such as hospitals or mortgage lenders) that the decedent has passed away. This allows creditors to seek payment through the estate, and remaining assets are then distributed to beneficiaries.

Put Years Of Experience On Your Side

I have seen many cases where parents name the adult child with whom they live as the executor of their will. The other children may take issue with that, demanding to know why their sibling was left in charge instead of one of them.

A common misconception that many have is that being an executor gives one special privilege when in reality, it simply gives the executor a great amount of responsibility and liability. Others assume that the executor is entitled to grab assets and run with them, and this is not the case.

Sitting down with an estate planning attorney beforehand can be crucial to ironing out family relationships, better understanding dynamics, and making sure you’re naming someone who is responsible and reasonable. An attorney can also help guide the executor through probate, answering their questions and helping them execute the will faithfully and securely.

Still Have Questions? Ready To Get Started? For more information on Probate Letters In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 355-0155 today.