What Are Letters Testamentary?
After a loved one dies, a bank may tell you that you need Letters Testamentary before you can access the decedent’s accounts. What are Letters Testamentary and how do you get them?
In Washington State, Letters Testamentary [tes-tuh-MEN-tuh-ree] is an official document issued by the Superior Court Clerk demonstrating that a person has legal authority to act for a decedent’s estate. The term “testamentary” relates to the decedent’s last will and testament, because the personal representative (also called the executor) named in the will receives the Letters Testamentary (or simply “Letters”).
If you are told you need Letters Testamentary, you may need assistance from an experienced probate attorney familiar with Washington State probate law. If you are dreading the idea of probate, don’t worry! It’s not as bad as you’ve heard, especially with probate counsel on your side to guide you through it.
Why Are Letters Testamentary Necessary?
When someone passes away, they can no longer legally own property or financial accounts. Instead, their estate becomes the temporary owner of all non-survivorship assets. Banks and other asset custodians must verify that the person requesting access to accounts has lawful authority to do so.
Letters Testamentary serve as that proof. Issued by order of the Superior Court, the document assures institutions that they can safely release funds, information, or account access to the appointed personal representative.
How Do You Get Letters Testamentary in Washington?
If the decedent left a will, the personal representative can petition the court for an order directing the Clerk to issue Letters Testamentary. If the decedent died without a will, a person with priority under RCW 11.28.120 may petition for Letters of Administration, which function identically to Letters Testamentary and are accepted by banks.
This process—petitioning the court for authority to administer the estate—is known as probate. To begin a probate in Washington, your attorney will generally need:
The decedent’s death certificate
Names and mailing addresses of all heirs and beneficiaries
A preliminary list of the decedent’s known assets and debts
A knowledgeable probate attorney can prepare the paperwork, file the petition, and present it to the court.
How Long Does the Process Take?
Your probate attorney will draw up the petition paperwork and meet with you to sign it. From there, either the attorney will appear in person at the courthouse to present the petition to a judge or commissioner, or the attorney can sometimes mail the paperwork to the court for signing. If all is in order, when appearing in person, the attorney gets the Letters the same day. When mailing documents, usually Letters are returned within three weeks.
Using Letters Testamentary
Letters Testamentary is an original document signed by the Superior Court Clerk. In Snohomish County, certified copies cost $5.00 apiece, and it is usually advisable to get one original for each major asset the decedent had plus one or two extras. You can get more certified copies later if you did not get enough the first time.
You will provide the original or a copy of the Letters to the bank or any institution where the decedent had accounts. If the decedent had real estate, you may also need the Letters when recording a Personal Representative deed.
Related Tasks
Once you receive Letters, you must provide statutory notice of your appointment as personal representative or administrator to certain individuals and, in Washington, to certain government agencies. Your probate attorney will help prepare these notices, publish a Notice to Creditors, and guide you through the claims process.
Throughout the administration of the estate, you may also need to:
Obtain appraisals of real estate and personal property
Prepare an inventory of estate assets
Respond to beneficiary requests
Address creditor claims or disputes
Your probate lawyer can help ensure compliance with Washington State probate law at every step.
Alternatives to Probate and Letters Testamentary
Even if a bank tells you that you need Letters Testamentary, this is not always the case. Under certain circumstances, you may qualify to use a small estate affidavit instead of petitioning for Letters through probate.