Letters Testamentary vs. Death Certificate: What’s the Difference?
When someone dies, the paperwork starts piling up fast. Half the battle is just figuring out what’s what, because it all sounds way too official and none of it is straightforward. If you only remember two documents, these are the most critical. The two documents that come up again and again are the death certificate and letters testamentary. Each document serves very different purposes in the probate process so both are required.
What Is a Death Certificate?
A death certificate is an official document issued by a state or local government that proves someone has died. It includes key details such as:
Personal information (name, date of birth, address, occupation)
Medical information (date, place, and cause of death)
Registration details used for public records and health statistics
Why You Need It
You’ll need multiple certified copies of the death certificate to handle financial and legal matters after death, such as:
Closing or transferring bank accounts
Filing life insurance claims
Applying for Social Security survivor benefits
Probate court filings
Transferring property titles and vehicle ownership
It’s important to note that many banks and other institutions require an original or certified copy. Think of it as the universal proof of death. In the midst of things, it seems redundant and sad to have to prove to every institution that your loved one is gone, but businesses do require proof that someone has passed away before they will close a bank account in that person’s name. This goes back to why you will need several copies. If the person had several credit cards, each company will request its own proof.
What Are Letters Testamentary?
Letters the probate court issues are referred to as “Letters Testamentary”. These are issued once the will has been accepted as valid and the executor is officially appointed. They’re not an actual letter, but a court document that gives the executor the legal authority to act on behalf of the estate. They are also sometimes called court appointment papers.
Testamentary is just an overly fancy word meaning - “related to a will.” So, letters testamentary is just a letter about a will. Wow, we do like to make things confusing, but glad we cleared that up.
What Letters Testamentary Allow You to Do
Think of Letters Testamentary as your executor permission slip. Until you’ve got them in hand, you can’t actually touch the estate. Until the probate court issues them, you’re essentially locked out of the estate. Banks won’t give you access to accounts, insurance companies won’t process claims, and you can’t legally sell property, pay debts, or distribute assets. These certified documents prove to the outside world that the court recognizes you as the person in charge allowing you the power to act on behalf of the estate. With it you can:
Access the deceased’s bank and investment accounts
Pay debts and expenses of the estate
Sell or transfer property
File taxes on behalf of the estate
Distribute assets to beneficiaries named in the will
Needed to apply for an estate EIN
An estate needs its own EIN (Employer Identification Number) because the deceased person’s Social Security number can no longer be used once they’ve died. The EIN becomes the estate’s unique tax ID so it can open a bank account, pay bills, report income earned during probate, and file required estate tax returns.
This permission slip doesn’t let you do whatever you want. You are required to distribute assets as outlined in the will.
Pro Tip: Order multiple certified copies from the probate court. Like the death certificate, you’ll be handing these over a lot, and some places will keep them.
What If There’s No Will?
If the person died without a will, the court issues Letters of Administration instead of Letters Testamentary. They serve the same purpose but authorize an administrator (appointed by the court) instead of an executor named in a will. Same duties and authority, but different names.
Why Both Matter
You’ll almost always need death certificates first to start paperwork and file with the court.
Once probate is opened, letters testamentary (or administration) give you the green light to carry out estate business.
Together, these two documents (either the Letters Testamentary or Letter of Administration) form the backbone of settling an estate: one proves the death, the other empowers someone to take care of what’s left behind. When settling an estate they will often ask for both documents together.
Summary Death Certificate vs Letters Testamentary
Death certificates unlock the process. Letters Testamentary unlock the authority. You usually need both to manage an estate successfully. As an estate executor or administrator these two documents will be the most important to have on hand.