Which statement correctly describes Letters Testamentary and Letters of Administration?

Which statement correctly describes Letters Testamentary and Letters of Administration?

• A. Letters Testamentary are issued to the executor named in a valid will to administer a testate estate; Letters of Administration are issued to an administrator when no executor is named.
• B. Letters Testamentary are issued to the administrator when no will exists.
• C. Letters Testamentary are issued to the executor named in a valid will to administer a testate estate; Letters of Administration are issued to the administrator when no executor is named.
• D. Letters Testamentary and Letters of Administration are identical.

Answer: (A)

The key idea is that the court grants different kinds of authority based on whether there is a will and a named executor. Letters Testamentary are the court’s proof that the person named as executor in a valid will has the authority to administer the estate of a deceased person who left a will (a testate estate). They authorize collecting assets, paying debts, and distributing what remains according to the will. Letters of Administration are issued when there is no executor named in a will (an intestate estate), giving an administrator the authority to perform the same tasks under court supervision. The best statement matches this distinction precisely: it states that Letters Testamentary go to the named executor for a testate estate, and Letters of Administration go to an administrator when no executor is named. The other options either misstate who receives letters in the absence of a will or imply the two kinds are the same, which they are not.

The key idea is that the court grants different kinds of authority based on whether there is a will and a named executor. Letters Testamentary are the court’s proof that the person named as executor in a valid will has the authority to administer the estate of a deceased person who left a will (a testate estate). They authorize collecting assets, paying debts, and distributing what remains according to the will. Letters of Administration are issued when there is no executor named in a will (an intestate estate), giving an administrator the authority to perform the same tasks under court supervision. The best statement matches this distinction precisely: it states that Letters Testamentary go to the named executor for a testate estate, and Letters of Administration go to an administrator when no executor is named. The other options either misstate who receives letters in the absence of a will or imply the two kinds are the same, which they are not.