In a Sale
What This Means When the House Is Being Sold
A buyer's title company will not insure a sale, and an escrow officer will not open a file, on the word of someone who says they are handling an estate. They need the document that names that person and shows a court issued it. Until Letters are in hand, a property can be prepared and priced, but it cannot go under contract in a way that will close. This is the most common reason an estate sale stalls in its first month. The family has agreed, the property is ready, and the appointment has not finished.
Once issued, more than one certified copy is usually needed. Title wants one, escrow wants one, and any bank holding an estate account typically wants its own as well, so ordering several at once from the clerk avoids returning to the courthouse mid-escrow.
Sequence
What Usually Happens
- 1A petition is filed asking for the named executor to be appointed
- 2Interested parties are notified and a hearing date is set
- 3The court appoints, and the clerk issues Letters as certified copies
- 4Title, escrow, and the bank each want their own certified copy
Compare
Not to Be Confused With
- This TermLetters Testamentary
- Often Mistaken ForLetters of Administration
- Often Mistaken ForIndependent Administration
What Tells Them Apart
Letters Testamentary cover an estate that has a will naming an executor. Letters of Administration cover an estate that does not. Neither document says on its own whether a sale needs court confirmation. That comes from independent administration, or its absence, in the order appointing the personal representative and the specific scope of authority it grants.
Questions
Questions People Ask
Can you sell a house before Letters Testamentary are issued?
A property can be cleaned, valued, and prepared before Letters are issued, and many families use that time well. It cannot go under contract in a way that will close, because escrow and title need proof of authority before they will open a file. An attorney can say where a specific estate stands.
How many certified copies of Letters Testamentary does an estate sale need?
More than one. Title, escrow, and any bank holding an estate account typically each want their own certified copy, and some keep it rather than returning it. Ordering several at once from the clerk generally costs less time than a second trip to the courthouse mid-escrow.