Letters Testamentary and Letters of Administration

When you start dealing with a loved one’s estate, you will quickly hit a wall: banks, title companies, and brokerages will not talk to you until you produce something called Letters. If that term is new to you, this guide explains exactly what Letters are in Florida and how you get them.

What “Letters” Actually Are

Letters are the court order that proves you have legal authority to act for an estate. In many states there are two flavors: Letters Testamentary, issued when there is a will naming an executor, and Letters of Administration, issued when there is no will. Florida keeps it simpler. The Florida Probate Code uses the single term Letters of Administration for both situations, and the person who receives them is the personal representative, whether or not there was a will.

So if an out-of-state form or relative asks you for “Letters Testamentary,” do not panic. In Florida, the equivalent document is your Letters of Administration.

Why You Need Them

Until the court issues Letters, no one, not even the person named in the will, has authority to move estate assets. With Letters in hand, the personal representative can:

• Open an estate bank account and collect funds;
• Access the decedent’s financial accounts and records;
• Sell or transfer real estate and vehicles, subject to court rules;
• Pay valid debts and, ultimately, distribute the estate.

Institutions typically want a recent certified copy of the Letters, so it is common to order several certified copies from the clerk at the outset.

How to Obtain Letters in Florida

1. File the petition. Open a formal administration in the circuit court of the county where the decedent lived, and deposit the original will with the clerk if one exists.
2. Establish the will, if any. A will that is self-proved under Fla. Stat. 732.502, meaning it was signed with the proper self-proving affidavit, can be admitted without tracking down the witnesses.
3. Confirm eligibility. The proposed personal representative must meet Florida’s requirements (generally 18 or older, not a convicted felon, and either a Florida resident or a close relative of the decedent).
4. Receive appointment. Once the court is satisfied, it enters an order appointing the personal representative and the clerk issues the Letters of Administration.

When You May Not Need Letters at All

Not every Florida estate requires Letters. They are issued in formal administration. If the estate qualifies for summary administration, an estate of $75,000 or less (excluding homestead) or one where the death occurred more than two years ago, no personal representative is appointed, so no Letters are issued. Likewise, assets that pass outside probate need no Letters at all, including property in a Florida revocable trust (Ch. 736), accounts with named beneficiaries, jointly held property, and a home transferred by a Lady Bird (enhanced life estate) deed.

It is also worth noting that a durable power of attorney under Ch. 709 ends at death. A POA cannot substitute for Letters once the principal has passed.

Talk to a Florida Probate Attorney

Getting Letters issued cleanly depends on filing the right petition and proving the will correctly. A Florida probate attorney can determine whether your estate even needs Letters, handle the petition, and make sure you receive the certified copies you will need to settle the estate.