Letters Testamentary vs. Letters of Administration in Georgia.

• Letters Testamentary

  Issued when there is a valid will. The court appoints the executorthe will named. The Letters are the executor's authority to act.

• Letters of Administration

  Issued when there is no will. The court appoints an administrator— usually the closest adult heir. Same legal authority as Letters Testamentary, just under a different name because no executor was named in writing.

Either document gives the appointed person legal authority to:

• Open an estate bank account.
• Access the deceased's accounts (banks need to see the original Letters).
• Talk to the mortgage servicer about the loan on the house.
• List, sell, or transfer the estate's real property — with court oversight where required.
• Pay estate debts and legitimate final expenses.
• Distribute remaining assets to heirs once creditor windows close.

For uncontested cases:

• Letters Testamentary (common form): typically 3–6 weeks after filing. Heirs have a four-year window to challenge afterward.
• Letters Testamentary (solemn form): typically 6–10 weeks; requires formal notice to all heirs. Final once granted.
• Letters of Administration: typically 4–8 weeks. Other heirs get notice and can object to the proposed administrator.

Contested cases can take 6–24 months. Will challenges, heir disputes, or missing heirs all extend the timeline.

Banks and mortgage servicers will not accept a copy. They want a recently-issued certified originalfrom the probate court — usually within 60 days of issuance. Order at least 5 certified originals from the court at the time of appointment; you'll use them faster than you think.

It happens. The named executor decides not to serve. In that case the court can issue Letters of Administration with the Will Annexed (sometimes called letters with will) to whoever the court appoints in the executor's place. Same authority, hybrid name. The attorney we match you with handles this routinely.