letters testamentary

Letters testamentary are documents that a probate court delivers to the executor of the deceased’s estate to enforce the terms of the deceased person’s will . A court can issue letters testamentary only to persons who are chosen as an executor in a will. In New York, a person seeking to receive letters testamentary generally must prove one’s eligibility, as governed by the Surrogate’s Court Procedure Act . A professional corporation is not eligible to act as an executor of a will, even when a corporation has a single owner or a shareholder where that person has not acted individually but as a corporation.

A person who is named as an executor or is qualified to act as one may not be issued letters testamentary only when that person refuses to do so.  In Pennsylvania , the person named as an executor is entitled to letters testamentary regardless of whether one has declined a trust under a will.

A probate court has the discretion to revoke letters testamentary that have been issued illegally or in a wrong jurisdiction.

[Last reviewed in June of 2020 by the Wex Definitions Team ]

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• inheritances & estates
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