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Can I Get Letters Testamentary without a Will? The simple answer is no. Letters Testamentary is issued when a person dies with a Will. If a person dies without a Will (?Intestate?), it is necessary for an heir to bring application to receive Letters of Administration and for declaration of heirship.
Obtaining this authority is only one small part of estate administration that will be required by the executor. Getting the help of a qualified Texas probate lawyer helps ensure that the process goes smoothly and can deal with any unforeseen matters that may arise.
Texas law sets out the necessary procedures for obtaining letters testamentary. First, an executor must file an application at the county court with jurisdiction over the decedent's estate. The executor will need the original will and a certified copy of the decedent's death certificate to file an application.
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
An interested person may petition for his appointment as administrator of the intestate estate. In the alternative, all heirs may consent for the administrator to handle the estate; this option requires the agreement of all heirs who must signify their approval before the court.
In order to obtain Letters Testamentary, an interested party (typically the nominated executor under the will) must petition the Surrogate's Court and provide pertinent information regarding the decedent, relevant parties (spouse, children, etc.), and the decedent's assets.
Obtaining letters testamentary in Texas can come with varying costs, depending on the county in which you are filing. For instance, if you're in Harris County, be prepared to pay a fee of $360 for probating a will, while in Anderson County, the cost is lower at $309.50.
In Nebraska, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint a personal representative of the estate.