Understanding How Executors Receive Legal Authority to Manage an Estate
Letters Testamentary (for estates with a will) and Letters of Administration (for estates without a will) give the executor legal authority to act on behalf of the estate. Without these documents, the executor cannot access accounts, manage property, or pay bills. This guide explains exactly how these letters work and how to obtain them in Pennsylvania.
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Letters Testamentary are issued when there is a valid will naming an executor. Letters of Administration are issued when there is no will or the executor cannot serve. Both documents grant legal authority to manage the estate, open accounts, sell property, and access financial information.
Key elements include:
Who can receive Letters Testamentary
When Letters of Administration are required
Differences between will vs. no-will estates
How the Register of Wills determines eligibility
What the executor can and cannot do with these letters


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Executor named in will is unwilling or unable to serve
Conflicts between family members about who should be appointed
Unclear or outdated wills
Incorrect filing documents submitted to the Register of Wills
Not understanding the difference between estate authority and personal authority
Banking institutions requesting additional documentation
Without Letters Testamentary or Letters of Administration, the executor cannot legally act. This can delay bill payments, freeze accounts, and prevent property from being secured. Obtaining these letters correctly ensures the estate moves forward immediately and smoothly.

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Step 1
:File the Petition for Probate at the Register of Wills
This petition identifies the executor and requests the issuance of Letters.
Step 2:
Present the Original Will (If Applicable)
If there is a will, it must be reviewed and accepted by the Register of Wills.
Step 3:
Provide a Certified Death Certificate
This document is required for all Pennsylvania probate filings.
Step 4:
Take the Executor’s Oath
The executor swears to administer the estate faithfully and according to law.
Step 5:
Pay the Filing Fees
Fees vary by county and are based on estate size or statutory schedules.
Step 6:
Receive Letters Testamentary or Letters of Administration
The Register of Wills issues the letters, granting full legal authority to act.
Step 7:
Obtain Additional Certified Copies for Banks & Institutions
Most financial institutions require originals or certified copies of the letters.
We help executors begin probate confidently and avoid mistakes during the earliest and most important step of the process.
Benefits:
Guidance on eligibility and filing requirements
Help completing probate petitions accurately
Support navigating situations where no executor is named
Assistance communicating with banks and financial institutions
Clear direction on what authority the letters provide
Step-by-step help during the Register of Wills appointment

Without proper authority, executors cannot act. If you’re unsure how to obtain or use Letters Testamentary, guidance can prevent delays.

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Letters Testamentary are the legal documents that give an executor authority to manage the estate when there is a valid will. Banks and agencies require them before releasing information or assets.
Letters of Administration authorize a person to act as executor when there is no will or no executor is named. They provide the same authority as Letters Testamentary.
The person named in the will usually receives Letters Testamentary, and the closest eligible heir receives Letters of Administration. The Register of Wills decides who is legally qualified.
Most executors receive Letters Testamentary at the Register of Wills appointment. Delays occur only when documents are incomplete or the will is contested.
Yes. Financial institutions in Pennsylvania require Letters Testamentary or Administration before releasing account information or funds. This protects against unauthorized access.
Yes. Heirs may contest who should serve as administrator when there is no will. The Register of Wills resolves disputes based on statutory priority.
If the executor cannot serve, Letters of Administration are issued to the next eligible person under Pennsylvania law. This ensures the estate can still be handled properly.

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If you’re serving as an executor or helping manage an estate in Pennsylvania, you don’t have to figure everything out alone. Getting the right guidance early can help prevent delays, disputes, and costly mistakes.
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