What are letters testamentary and do I need them to sell a house?

When someone dies with a will, the will usually names an executor. That name on paper is not enough for a bank or title company. The executor files a petition with the Register of Wills, the will is probated, and the office grants letters testamentary. The letters are the proof that this person, and no one else, speaks for the estate. Think of the letters as a badge of authority. Without one, a bank may refuse to talk to you about the estate's accounts, and a title company may refuse to insure a deed. With one, the executor can deal with institutions on the estate's behalf. The will itself is not enough, because the office has to confirm the will is valid and that the person is willing to serve. That is why the order matters. Probate first, letters second, listing or contract third.

The Philadelphia Register of Wills lists three steps: visit the Probate Department at City Hall Room 180, prepare your documents and payment, then complete the petition for probate and grant of letters testamentary at your appointment. You need the original will, an original death certificate, an estimate of the estate's value and a valid, current ID. Payment is by Visa, Mastercard, certified check or money order. Fees depend on the size of the estate. The office phone is (215) 686-6255.

Pennsylvania's estate code gives the personal representative the right to take possession of estate property and says that, unless the will provides otherwise, the representative may sell real property that was not specifically devised. A title company wants proof that the signer holds that power. Without letters, the signature on the deed may not be accepted. Selling without them is risky for you and for the buyer.

You may be a beneficiary and not the executor. In that case you cannot sign for the estate. You can ask the executor about timing, or talk to an estate attorney about your rights. If the named executor will not act, the attorney can explain how to ask the court to appoint someone else. Plan ahead for the practical side. A title company, a bank and a buyer may each want to see the letters, so ask the Register of Wills how copies are issued before you leave the office. Also check that the executor named in the will is willing and able to serve. If the named person has died or does not want the job, an estate attorney can tell you what the will says about a replacement and what the court may require. Do not sign a sales contract in the estate's name until you have the letters in hand. A contract signed without authority can cause trouble for you and for the buyer.

Once the executor holds letters, the sale itself can be simple. Kaizen Home Buyers buys houses as-is for cash. There is no agent commission and no repair list. We make an offer within 24 hours and can close in 14 to 30 days or on the date the estate prefers. Call 267-329-0084. Listing with an agent is also a fair choice if the house is in good shape and the estate can wait.