Letters Testamentary in California | How to Obtain & What They Allow

"I've been named executor of my mother's will. How do I access her bank accounts and manage her property?"

As a Glendale probate attorney, I hear this question frequently from newly appointed executors who are surprised to learn that being named in a will doesn't automatically give them authority. The key to accessing estate assets and acting on behalf of the estate is obtaining Letters Testamentary from the probate court.

In this comprehensive guide, I'll explain what Letters Testamentary are, how to obtain them, what powers they grant, how to use them effectively, their limitations, and important considerations for California executors.

What Are Letters Testamentary?

Letters Testamentary are official court documents that prove your legal authority to act as executor of an estate.

Think of them as: Your "credentials" or "badge of authority" as executor.

Official name: In California, they're called "Letters" (probate code doesn't use "testamentary" but the term is common)

Legal foundation: California Probate Code Section 8400 et seq.

Letters Testamentary vs. Letters of Administration

Letters Testamentary	Letters of Administration
Issued when there IS a will	Issued when there is NO will
Recipient called "executor"	Recipient called "administrator"
Executor named in will	Administrator appointed by court
Powers may be broader (if will grants)	Standard powers only

Important: The powers and duties are essentially the same; the only real difference is whether there's a will.

In practice: Many people use "Letters Testamentary" for both situations, though technically the term applies only when there's a will.

Why You Need Letters Testamentary

Without Letters Testamentary, you cannot:

Financial institutions:

• Access deceased's bank accounts
• Transfer securities
• Close accounts
• Obtain account information
• Liquidate investments

Real estate:

• Sell property
• Refinance
• Transfer title
• Access rental income
• Make major repairs

Government agencies:

• File tax returns on behalf of estate
• Access Social Security information
• Handle IRS matters
• Transfer vehicle titles

Businesses:

• Operate decedent's business
• Make business decisions
• Access business accounts
• Sign contracts

Legal matters:

• File lawsuits on behalf of estate
• Defend estate in lawsuits
• Settle claims
• Make legal decisions

Bottom line: Letters Testamentary are your key to managing the entire estate.

What Letters Testamentary Look Like

Format: Official court document on security paper

Contains:

• Court heading (Superior Court of California, County Name)
• Case number
• Decedent's name
• Your name as executor
• Date of appointment
• Court seal (embossed or printed)
• Judge's signature
• Clerk's certification
• Date of issuance
• Expiration date (typically one year)

Size: Standard 8.5" × 11" paper

Security features:

• Colored paper (varies by county)
• Watermarks
• Embossed seal
• Unique document number

Number of pages: Usually 1-2 pages

How to Obtain Letters Testamentary: Step-by-Step Process

Obtaining Letters Testamentary requires completing the probate petition process.

Step 1: File Petition for Probate

Form: Petition for Probate (Form DE-111)

Filed at: Superior Court in county where deceased resided

Must include:

• Request for appointment as executor
• Copy of will
• Information about estate assets
• Names and addresses of heirs and beneficiaries
• Request for independent administration authority (recommended)

Filing fee: $435-$935 (depending on estate value)

Timeline: Hearing scheduled 6-8 weeks after filing

Step 2: Publish Notice

Requirement: California Probate Code Section 8120

Must publish: Notice of Petition to Administer Estate

Where: Newspaper of general circulation in area where deceased lived

Frequency: Once per week for three consecutive weeks

Cost: $300-$600 typically

Step 3: Mail Notice to Interested Parties

Requirement: California Probate Code Section 8110

Must mail to:

• All heirs at law
• All beneficiaries named in will
• Anyone who requested special notice

Timeline: At least 15 days before hearing

Method: First class mail

Proof required: File Proof of Service with court

Step 4: Attend Court Hearing

When: 6-8 weeks after filing petition

Where: Probate courtroom (check notice for department)

Who attends:

• You (proposed executor)
• Your attorney (if represented)
• Any interested parties who wish to object

What happens:

• Judge reviews petition
• Considers any objections
• Asks questions if needed
• Approves or denies appointment

If approved:

• Judge signs Order for Probate
• You take oath of office
• Court processes order

Step 5: Take Oath of Office

Requirement: California Probate Code Section 8480

When: At hearing after judge grants petition

What you swear:

• To faithfully execute duties as executor
• To act in best interests of estate
• To follow California law
• To file required documents

Administered by: Court clerk

Recorded: In court records

Significance: You are now officially the executor

Step 6: Post Bond (If Required)

Bond requirement: California Probate Code Section 8480

Purpose: Protects estate from executor mismanagement

Amount: Typically appraised value of personal property plus one year's estimated income

When NOT required:

• Will waives bond requirement (most well-drafted wills do)
• All beneficiaries consent to waiving bond
• Only real property in estate

Cost: 0.5-1% of bond amount annually

Where to obtain: Surety companies

Processing time: Can take several days

Important: If bond is required, Letters cannot be issued until bond is posted and approved.

Step 7: Request Issuance of Letters

When: After Order for Probate is entered (same day or next business day)

Where: Probate clerk's office

How: Request at filing window

Processing: Clerk verifies:

• Order has been entered
• Oath has been taken
• Bond posted (if required)
• All requirements satisfied

Issuance: Clerk prepares Letters Testamentary document

Step 8: Obtain Certified Copies

Cost: $25-30 per certified copy (varies by county)

How many to get: 10-15 copies initially

Why you need multiple copies:

• Each financial institution requires original certified copy
• Real estate transactions
• Government agencies
• Attorney needs copies
• Extra for unexpected needs

Replacement copies: Can order more anytime for same fee

Processing time: Usually same day

Powers Granted by Letters Testamentary

Once you have Letters Testamentary, you have legal authority to manage the estate.

Standard Powers (All Executors Have)

Financial management:

• Open estate bank account
• Access deceased's bank accounts
• Deposit estate funds
• Pay estate debts and expenses
• Collect amounts owed to estate

Asset management:

• Take possession of estate property
• Maintain and protect assets
• Insure property
• Collect rents and income
• Manage investments prudently

Creditor management:

• Receive creditor claims
• Evaluate validity of claims
• Pay or reject claims
• Negotiate settlements

Tax responsibilities:

• File tax returns on behalf of estate
• Pay estate taxes
• Obtain tax clearances

Record keeping:

• Keep detailed records of all transactions
• Prepare accountings
• Document all receipts and disbursements

Communication:

• Respond to beneficiary inquiries
• Provide information to court
• Correspond with attorneys and professionals

Enhanced Powers with Independent Administration

California Probate Code Sections 10400-10592

If your Letters grant Independent Administration of Estates Act (IAEA) authority, you can also:

Real property transactions:

• Sell estate real property without court confirmation (with some exceptions)
• Lease property for up to 1 year
• Grant options
• Exchange property

Personal property transactions:

• Sell personal property
• Exchange property
• Grant options

Business operations:

• Continue business operations
• Sell business
• Incorporate business

Claims and litigation:

• Compromise claims
• Settle disputes
• Make distributions

Borrowing:

• Borrow money for estate
• Mortgage estate property

Investment decisions:

• Buy and sell securities
• Invest estate funds

Distributions:

• Make preliminary distributions
• Distribute estate assets

Major advantage: Don't need court approval for these actions, saving months of time.

Requirement: Must give 15-day notice to beneficiaries before acting, and they can object.

How to Use Letters Testamentary

At Banks and Financial Institutions

Process:

1. Call institution to ask about estate account procedures

2. Schedule appointment (often required)

3. Bring:

   • Certified copy of Letters Testamentary
   • Certified death certificate
   • Estate Tax ID number (EIN)
   • Your identification

4. Bank will:

   • Verify Letters are current
   • May require legal department review
   • Open estate account and/or transfer assets
   • Provide account information

Typical timeline: 1-3 weeks for full access

Common issues:

• Bank unfamiliar with Letters Testamentary (educate them)
• Requires original certified copy (not photocopy)
• Legal department review delays
• Additional documentation requested

Tips:

• Be patient but persistent
• Escalate to manager if problems
• Cite California Probate Code Section 9650 (requires acceptance)

At Title Companies (Real Estate)

For real estate transactions:

1. Provide certified copy of Letters to title company
2. Title company verifies with court
3. Title company will insure your authority to act
4. Can proceed with sale or transfer

Additional requirements:

• Death certificate
• Copy of will
• Court order approving sale (if not independent administration)

With Government Agencies

IRS:

• Letters prove your authority to file returns
• Required for estate tax returns
• Needed to obtain estate EIN

State tax agencies:

• Required for state tax returns
• Needed for tax clearances

DMV:

• Required to transfer vehicle titles
• Needed to obtain vehicle registration

Social Security:

• May be required for certain transactions
• Helpful for verifying death

In Legal Proceedings

Lawsuits by estate:

• Letters prove your authority to file suit on behalf of estate

Lawsuits against estate:

• Letters prove you're proper party to defend

Contract matters:

• Letters authorize you to sign contracts on behalf of estate

Limitations of Letters Testamentary

While Letters grant significant authority, there are limitations:

What You CANNOT Do (Even with Letters)

Without Independent Administration:

• Sell real property (requires court petition and confirmation)
• Compromise major claims (requires court approval)
• Make preliminary distributions (requires court approval)
• Continue business operations (requires court approval)

Even WITH Independent Administration:

• Sell property below 90% of appraised value (requires court confirmation)
• Sell real property if beneficiary objects (requires court approval)
• Grant option to purchase for longer than 3 years
• Violate fiduciary duties
• Act contrary to will provisions

Never Allowed:

• Self-dealing (buying estate assets yourself)
• Making gifts from estate
• Acting for personal benefit rather than estate benefit
• Ignoring court orders
• Distributing assets without paying debts

Fiduciary Duties You Must Follow

Even with Letters, you must:

• Act in beneficiaries' best interests
• Avoid conflicts of interest
• Keep estate property separate from personal property
• Account for every dollar
• Treat all beneficiaries fairly
• Act as prudent person would
• Keep beneficiaries informed
• Follow will provisions
• Comply with all California probate laws

Personal liability: Violating fiduciary duties can make you personally liable for losses.

Letters Testamentary Expiration and Renewal

Validity period: Letters Testamentary expire one year from date of issuance

California Probate Code Section 8525

What Expiration Means

• Letters are no longer valid after expiration date
• Financial institutions will not accept expired Letters
• You cannot act on behalf of estate with expired Letters

How to Renew Letters

Process:

1. File Request for Renewal of Letters (no formal form required)
2. Usually granted as routine matter
3. New Letters issued with new expiration date
4. Obtain certified copies of renewed Letters

Cost: Typically $25-30 per certified copy

When to renew: 2-3 weeks before expiration

How many times can you renew: Unlimited, until estate closes

Tip: Set calendar reminder 1 month before expiration

Special Types of Letters

Letters of Special Administration

When issued: Before regular Letters, in emergencies

Authority: Limited to specific actions approved by court

Use cases:

• Estate assets at risk
• Business needs immediate management
• Time-sensitive transactions

Duration: Temporary, until regular Letters issued

Letters in Limited Administration

When issued: For estates under $184,500

Authority: Same as regular Letters but simplified process

Letters with Will Annexed

When issued: There's a will but named executor cannot serve

Authority: Same as regular Letters

Difference: Administrator appointed by court rather than named in will

Problems and Solutions

Problem: Institution Refuses to Accept Letters

Common with: Out-of-state banks, small institutions

Solution:

• Cite California Probate Code Section 9650 (mandatory acceptance)
• Have attorney send letter
• Escalate to legal department
• If persistent refusal, may need court order

Problem: Letters Have Expired

Solution:

• File renewal immediately
• Explain to institutions
• Rush processing if possible
• Use old Letters plus renewal petition to show continuity

Problem: Letters Don't Grant Sufficient Authority

Example: Need to sell property but don't have independent administration

Solution:

• File petition for additional powers
• Request court approval for specific action
• Consider appointment of special administrator

Problem: Multiple People Have Letters

Can happen when: Co-executors appointed

Issues: Both must sign for transactions

Solution:

• Coordinate carefully
• Consider appointing one with sole authority
• Get court order clarifying authority

Frequently Asked Questions

How long does it take to get Letters Testamentary?

Typically 6-10 weeks from filing petition to receiving Letters. This includes the notice period, hearing, and processing time.

Can I act as executor before receiving Letters?

Very limited actions only: secure property, notify beneficiaries, prevent loss. You cannot access financial accounts or conduct most estate business.

Do Letters Testamentary work in other states?

California Letters are generally recognized in other states, but some states may require "exemplified copies" or ancillary probate for real property in that state.

How much do Letters Testamentary cost?

$25-30 per certified copy. You pay no separate fee for the Letters themselves—they're included in the probate filing fee.

What if I lose my Letters Testamentary?

You can order replacement certified copies anytime from the probate clerk's office for the standard fee.

Can Letters Testamentary be revoked?

Yes, if you're removed as executor by the court due to misconduct, incapacity, or other reasons. The court would then issue Letters to a replacement executor.

Do beneficiaries receive copies of Letters?

Not automatically, but they can request copies from the court. As executor, you should provide copies if requested.

Can I use Letters Testamentary to access decedent's email or online accounts?

This is complicated. Some providers accept Letters, others require specific court orders. California Revised Uniform Fiduciary Access to Digital Assets Act provides framework, but implementation varies.

Related Articles

Essential California probate guides:

• California Executor Duties & Responsibilities - Complete checklist of what you'll do with your Letters Testamentary.

• How to File Probate in Los Angeles County - Step-by-step guide to obtaining Letters Testamentary.

• How to Sell a House in Probate California - Using Letters Testamentary to sell estate real property.

• How Long Does Probate Take in California? - When you'll receive Letters in the probate timeline.

• How Much Does Probate Cost in California? - Costs involved in obtaining and using Letters Testamentary.

Getting Help with Letters Testamentary

While the concept of Letters Testamentary is straightforward, obtaining them requires navigating the entire probate petition process—which involves complex forms, strict procedures, and court hearings.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire to get started.

As a California probate attorney who regularly appears in Los Angeles County probate court, I guide executors through the process of obtaining Letters Testamentary, ensure petitions are prepared correctly for first-time approval, and provide ongoing support in using your Letters to efficiently administer the estate.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience in probate administration, Rozsa helps executors obtain Letters Testamentary and fulfill their duties effectively and legally.

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Disclaimer: This article provides general information about California Letters Testamentary and should not be construed as legal advice. Every situation is unique. California laws and procedures change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California probate attorney about your specific circumstances.