A letter of testamentary—also known as letters testamentary—is a written order from a probate court approving the appointment of an executor under a will and authorizing the executor to administer the will and the decedent’s estate—including collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the provisions of the will.

Banks, brokerages, and mortgage and title companies rely on the court-ordered authority of the executor—as demonstrated by a letter of testamentary—when transferring ownership and control of assets in the testator’s estate.

When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.

Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.

Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.

In New Jersey, a letter of testamentary is issued by the Surrogate's Court after an individual has passed away and has left a will that names an executor. This document grants the executor the authority to act on behalf of the deceased's estate, allowing them to gather and distribute the assets according to the will's instructions, settle debts, and handle other financial responsibilities. If a person dies intestate (without a will) or if the will is deemed invalid, the court will appoint an administrator for the estate. The administrator is tasked with similar duties as an executor but must distribute the assets according to New Jersey's intestate succession laws. The court may require the administrator to post a bond as a security measure for the estate's assets. The process of estate administration can be either supervised or unsupervised by the court, and the requirement of a bond depends on the specific circumstances of the estate and the administrator's qualifications.