Letters are issued by the Court Clerk after a Judge signs the Order for Probate. More particularly, Letters constitute the representative’s “proof of authority” as official estate representative in a probate proceeding.
There are different types of Letters. The Court Clerk will issue “Letters Testamentary” to the estate representative if the decedent had a will. On the other hand, the Clerk will issue Letters of Administration if the decedent did not have a will. Letters are issued by the Court Clerk and function as the representative’s “Driver’s License” in a probate proceeding. The personal representative can present the Letters to banks and other entities that demand court proof that the representative has court authority to act on behalf of the decedent and their estate.
Letters are issued to the estate representative after the first hearing. It is the responsibility of the estate representative to go to the Court Clerk’s office after the Order for Probate has been signed by the Judge (and filed) to get several certified copies of the issued Letters. The representative will be required to provide a certified copy of the Letters to banks and other entities to substantiate their authority as estate representative and administrator.