Letters Testamentary are issued by the Surrogate's Court and are the executor's proof of authority. Without them, banks, title companies, and buyers will not recognize the executor's ability to sell.
This page is part of the Probate Real Estate New York guide. Not legal or tax advice — consult an estate attorney or tax professional for your situation.
What Are Letters Testamentary?
They are a one-page certificate from the Surrogate's Court naming the executor and confirming their authority to manage and distribute the estate. When there is no will, the equivalent is Letters of Administration — see selling a house without a will.
How to Obtain Letters Testamentary
File the will, death certificate, and probate petition with the Surrogate's Court, notify heirs, and, once the court is satisfied, it issues Letters. Uncontested cases typically take six weeks to three months. Details in our Surrogate’s Court guide.
Why You Need Them to Sell
Title companies require certified Letters to insure the sale, and buyers' attorneys will not close without them. You can list before they issue, but you cannot close without them.
Ask the court for several certified copies of the Letters — title companies, banks, and utilities often each require their own original.
Handling an Estate Property Sale on Long Island?
Montauk Dunes Real Estate provides compassionate, expert guidance for executors and families in Nassau County, Suffolk County, and the Hamptons — including traveling notary services for estate documents. Call for a free, confidential consultation.
Call 646-234-2160Frequently Asked Questions
How long are Letters Testamentary valid?
They remain valid until the estate is settled, though some institutions ask for copies certified within the last 6–12 months.
Who gets Letters Testamentary?
The executor named in the will, once approved by the court. If none can serve, the court appoints an administrator.
Can I sell real estate with Letters of Administration?
Yes — administrators have the same authority to sell as executors, subject to any court restrictions.