A testamentary letter in a guardianship is a court-authored document granting authority to a guardian to handle the affairs of a minor or incapacitated person, according to attorney Ken LaMance for LegalMatch. This type of letter is based on state probate laws.Continue Reading
Testamentary letters, also called letters testamentary, letters of testamentary or articles of administration in some states, are issued by a state probate court to grant an executor or administrator the authority to handle a deceased person's affairs, explains USLegal. An executor can take a certified copy of this letter to a bank to prove he has the authority to withdraw money from the deceased person's account.
When a person's will provides for the guardianship of a minor child or an incapacitated adult, the relationship between the named guardian and the beneficiary is called a testamentary guardianship. If the guardianship arrangement is approved by the court, it issues a testamentary letter of guardianship to formalize the relationship and provide proof of the guardian's authority to act on behalf of the beneficiary. This is referenced in section 24-5-30 of the Georgia Code that authorizes the use of testamentary letters and copies as primary evidence of a grant of authority by the probate court, according to Justia.Learn more about Law