Letters testamentary in Texas are letters issued by a probate court. They state that a person has the ability to act on behalf of a decedent’s estate, pursuant to the person’s last will and testament, says Texas attorney David L. Leon.
The Texas Probate Code states that when a will has been probated, the court grants letters testamentary to the executor or executors appointed by the will if they are willing to accept the trust and qualify according to law. If no executors remain or qualify, an individual who has an interest in the estate can apply. In Dallas County, Texas, a lawyer must make the application to the court, according to attorney David L. Leon. In the event that a person dies without a will, letters of administration would be issued instead of letters testamentary.