Is the executor of a Will required to renew their letters testamentary every year that the probate of the Will is incomplete?

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Is the executor of a Will required to renew their letters testamentary every year that the probate of the Will is incomplete?

It has been a year since my father passed away and I was appointed executor of the Will. The estate has not been completely liquidated. l went to the stock brokers office and liquidated some stock. It arrived by wire transfer to the office where I was presented with a cashier’s check for the sale amount. However, when I went to my bank to deposit it I was informed by the officer of the bank that they could not deposit it without a renewed copy of my letters testamentary, that they had to be renewed every year. Is this true?

Asked on February 12, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and the obstacles you have encountered  What they mean is that the letters become what the law calls "stale" after a certain point in time.  You do not have to go through the entire probate process again.  You just have to pay the probate court the fee for an updated copy of the letters testatmentary with you listed as the executor.  The bank is just making sure that you are still able to act and have not been removed.  Good luck. 


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