In which scenario are Letters Testamentary issued?

• A. To administer a testate estate where a valid will names an executor.
• B. To administer an intestate estate when no will exists.
• C. When there is a will but no executor named.
• D. When the will excludes heirs.

Answer: (A)

The idea behind Letters Testamentary is to authorize an executor named in a valid will to administer the decedent’s estate. When someone dies testate and the will names an executor, the Surrogate’s Court issues these letters to that person, giving authority to collect assets, pay debts, and distribute the estate according to the will.

If there’s no will (intestate), the court issues Letters of Administration instead. If there’s a will but no executor named, the court appoints an administrator with the will annexed, not Letters Testamentary. The fact that a will excludes heirs doesn’t change the type of letters; the issuance depends on whether there is a named executor and a valid will.