LETTERS OF ADMINISTRATION VS. LETTERS TESTAMENTARY

When someone passes away without a living trust their estate might have to go through the probate court to be distributed to their heirs. When someone passes away with a will the administration is considered “testate” and when someone passes away without a will the administration is considered “intestate.”  The person appointed by the probate court to administer and distribute the estate is called the “personal representative.” The personal representative can be an executor or administrator. An executor is named in a will and an administrator is appointed by the court when there is no will. As a result, being granted Letters Testamentary means you are appointed executor by the court to administer an estate per the terms of a will. Being granted Letters of Administration means you are being appointed to distribute an estate per the laws of intestacy when there is no will.