FAQ:
Do Letters of Testamentary expire in Texas?
Letters Testamentary do not come with an official expiration date. However, institutions and officials may require that the document be dated within the last 60 days before transferring any assets. This ensures that the court, in the meantime, has not removed the executor.
Do I need a lawyer to get a letter of testamentary?
In Texas, it is a legal requirement that the executor of an estate be represented by an attorney. The Texas Probate Court mandates that only a licensed attorney can represent another person or entity in a judicial proceeding in the state.
This includes applications for letters testamentary, letters of administration, determinations of heirship, and guardianship of the person or estate.
If the applicant is not a licensed attorney, the court will not allow the filing of an application to probate a will as this would be considered the unauthorized practice of law.
Although an individual does not need to be a lawyer to serve as a guardian or an executor or administrator of an estate, it is necessary to retain the services of a counsel to represent the third-party interests of the ward, beneficiaries, or creditors.