Letters of Testamentary- Are issued when there is a Will. They are court-appointed documents that verify who the court-appointed executor of the estate will be.
Letters of Administration- Are issued when there is not a Will. They are court-appointed documents that verify who the court-appointed administrator of the estate will be.
The Letters of Testamentary / Administration give an executor or administrator Full or Limited Authority to move forward to Phase 2 (Administration).
Full Authority - Typically gives the estate representative the ability to sell a property without court supervision
Limited Authority - Often requires court confirmation to sell a property.
With an efficient running court and if everything is in order Letters of Testamentary or Administration should take about three to four months from start to finish. Possible delays can occur from such items as the difficulty in locating and notifying heirs.
The above information is in no way legal or financial advice and should be used only as a reference to help understand the probate process and how it relates to Real Estate. If you are in need of legal or financial advice about probate I encourage you to seek a licensed lawyer or accountant who specializes in probate.
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PSA (Pricing Strategy Advisor), CPRES (Certified Probate Real Estate Specialist)
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