Which of the following is NOT included in the category 'Letters' as defined?

• A. Letters of administration
• B. Letters of guardianship
• C. Letters of testamentary
• D. Letters of probate

Answer: (D)

The concept to grasp is what kinds of official documents the Surrogate’s Court issues to authorize someone to act as a fiduciary. In this realm, the documents are called letters that appoint or empower someone to manage an estate or guardianship: letters testamentary when there’s a will and an executor named, letters of administration when there is no will or no named executor, and letters of guardianship for a guardian of an estate or person.

Letters testamentary and letters of administration reflect the actual authority to administer an estate under the will or the absence of one, respectively, while letters of guardianship cover appointments to manage a minor’s or incapacitated person’s affairs. The term “letters probate” is not a recognized form of letter; probate is the process of proving a will and supervising its administration, not a type of letter issued by the court. Therefore, the item described as “Letters of probate” does not fit the category of letters.