Letters of Authority in Massachusetts: What They Are and How to Get Them

If you've been told by a bank, brokerage, insurance company, or the Registry of Motor Vehicles that you need "letters testamentary" to act on behalf of a deceased person's estate, and you've never heard that phrase before, here's what's happening: they're asking for documentation that proves you have legal authority to manage the estate.

In Massachusetts, that document is not called Letters Testamentary. Under the Massachusetts Uniform Probate Code (MUPC), the correct term is Letters of Authority. The concept is identical — it's the document the Probate and Family Court issues to the appointed Personal Representative, confirming their legal power to act. But if you search for "Massachusetts Letters Testamentary" at the courthouse, you'll be directed to the correct form under its proper name.

What Letters of Authority Actually Do

Letters of Authority are the operational credential of the Personal Representative (the MUPC's term for executor or administrator). Without them, you have no legal standing to:

• Access or close the decedent's solely owned bank accounts
• Transfer or liquidate investment and brokerage accounts
• Instruct a life insurer to pay a claim payable to "the estate"
• Assign or transfer vehicle titles (for vehicles not going to a surviving spouse)
• Sign a purchase and sale agreement on estate real estate
• File certain tax returns on behalf of the estate
• Hire professionals and incur estate expenses

Every financial institution, government agency, and title company will ask to see the Letters of Authority — not the will, not a death certificate alone, not a handwritten note from the heirs. The Letters are the credential. The will tells you who gets what; the Letters tell the world that you are the person legally empowered to carry it out.

Letters of Authority vs. Letters Testamentary: What's the Difference?

Functionally, nothing. Both terms refer to the same concept: a court-issued document appointing and empowering the estate's personal representative.

The difference is jurisdiction. "Letters Testamentary" is the traditional common law term still used in many states — California, New York, Texas, Florida, and dozens of others. Massachusetts adopted the MUPC in 2012 and replaced that terminology with "Letters of Authority." The MUPC also uses "Personal Representative" instead of "executor" (for testate estates) or "administrator" (for intestate estates).

If you're working with out-of-state relatives, out-of-state attorneys, or national financial institutions, expect to hear "Letters Testamentary." When you present your Massachusetts Letters of Authority, they will be accepted — the document itself makes clear what it is and what authority it confers.

How to Obtain Letters of Authority in Massachusetts

Letters of Authority are issued by the Probate and Family Court in the county where the decedent was domiciled at the time of death. They are issued as part of the probate petition process — you cannot obtain them independently or outside of probate.

Step 1: Determine the Correct Probate Pathway

The pathway you take determines how quickly you receive the Letters:

Voluntary Administration (MPC 170): For estates of $25,000 or less in personal property (excluding one vehicle) with no real estate, you do not receive Letters of Authority. Instead, the MPC 170 is attested by the Register of Probate, and that attested copy serves a similar purpose for the limited purpose of collecting the listed assets.

Informal Probate (MPC 150): The standard pathway for straightforward estates. A magistrate (not a judge) reviews the petition. If the packet is complete and flawless — original will, certified death certificate, MPC 162, MPC 163, MPC 801 (bond), MPC 470 (military affidavit unless assents are provided), and proper pre-filing notice — the magistrate issues the Order of Informal Probate (MPC 750) along with the Letters of Authority. This can happen in days.

Formal Probate (MPC 160): Required when the original will is lost, contains alterations, or when informal probate is otherwise unavailable. A judge oversees the proceeding. Letters of Authority are issued after a hearing and any required waiting period.

Step 2: Assemble and File the Petition Packet

For informal probate, the complete filing packet includes:

• MPC 150 (Petition for Informal Probate and/or Appointment of Personal Representative)
• MPC 162 (Surviving Spouse, Children, Heirs at Law) — required in all cases
• MPC 163 (Devisees) — required if the decedent left a will
• Original will — the physical document, not a copy
• Certified death certificate — from the RVRS or town clerk
• MPC 801 (Bond) — specifying the penal sum; surety may be waived by the will or by unanimous written assent of heirs and devisees
• MPC 470 (Military Affidavit) — confirms no interested party is on active military duty; may be bypassed if all interested parties sign MPC 455 assents
• MPC 550 (Notice of Informal Probate) — pre-filing notice sent to all interested parties at least 7 days before filing
• DMA Estate Recovery notice — certified mail to the MassHealth Estate Recovery Unit in Worcester, at least 7 days before filing; failure to send this notice invalidates the petition

Step 3: Pay the Filing Fee

The filing fee for an informal probate petition is $390 ($375 base + $15 surcharge). If filing on eFileMA, an additional $22 platform fee is charged once per new case by Tyler Technologies.

If filing electronically, the physical original will must be mailed or hand-delivered to the court within 5 calendar days of the digital submission.

Step 4: Receive Letters of Authority

Once the magistrate issues the Order of Informal Probate, the Letters of Authority are issued simultaneously. The court typically provides multiple certified copies — request at least 6 to 10, as you will need to submit originals to banks, brokerages, the RMV, the Registry of Deeds, and other institutions. Each institution typically keeps the copy they receive.

The cost of additional certified copies varies by county but is typically $10 to $20 per copy.

How Long Do Letters of Authority Last?

Under the MUPC, Letters of Authority issued in Massachusetts do not have an expiration date as long as the Personal Representative remains actively serving. Some states' letters expire after a set period (60 or 90 days, for example) and must be renewed. Massachusetts Letters of Authority remain valid throughout the administration of the estate.

However, if a Personal Representative is removed by the court, resigns, or dies while serving, the Letters of Authority associated with their appointment are revoked. Successor Letters of Authority would be issued to any newly appointed Personal Representative.

Some third parties — particularly national financial institutions — may ask for a "recently issued" or "freshly certified" copy, which is a request to confirm the appointment is still active. You can obtain updated certified copies from the court at any time during the administration.

What Letters of Authority Do Not Cover

Letters of Authority grant authority over probate assets — assets titled solely in the decedent's name. They do not grant authority over:

• Joint accounts with a right of survivorship — these pass automatically to the survivor
• Retirement accounts with named beneficiaries — the beneficiary contacts the plan administrator directly
• Life insurance payable to named beneficiaries — the beneficiary files the claim directly
• Assets in a revocable living trust — the successor trustee manages these under the trust document, not court-issued letters
• Real estate held in joint tenancy or tenancy by the entirety — passes to the surviving owner automatically

If a bank account has a surviving joint owner, the Personal Representative's Letters of Authority do not override that ownership. The Letters apply only to assets that actually belong to the estate.

Presenting Letters of Authority to Institutions

When you present Letters of Authority to a bank, brokerage, or other institution:

• Bring certified copies, not photocopies. Most institutions require an original certification stamp from the court.
• Bring a death certificate as well — most institutions want both documents.
• Be prepared to complete institution-specific paperwork. The Letters confirm your authority; the institution's own forms govern how they implement the account transfer.
• Large national brokerages may have a probate or estate servicing department and different procedures than local bank branches. Call ahead to confirm their specific requirements.

For a complete walkthrough of the Massachusetts probate process — from pre-filing notice through final estate closure — the Massachusetts Probate Process Guide covers every form, deadline, and procedural requirement under the MUPC.

See more Massachusetts guides →