Letters testamentary - sustany/dvg GitHub Wiki

Letters testamentary are documents that a probate court delivers to the executor of the deceased�s estate to enforce the terms of the deceased person�s will. A court can issue letters testamentary only to persons who are chosen as an executor in a will. In New York, a person seeking to receive letters testamentary generally must prove one�s eligibility, as governed by the Surrogate�s Court Procedure Act. A professional corporation is not eligible to act as an executor of a will, even when a corporation has a single owner or a shareholder where that person has not acted individually but as a corporation.

A person who is named as an executor or is qualified to act as one may not be issued letters testamentary only when that person refuses to do so. �In Pennsylvania, the person named as an executor is entitled to letters testamentary regardless of whether one has declined a trust under a will. �

A probate court has the discretion to revoke letters testamentary that have been issued illegally or in a wrong jurisdiction. �