The Short Answer

In Pennsylvania, a “letter of testamentary” (often called “letters testamentary”) is the court-issued document that proves you have legal authority to act for a deceased person’s estate as the executor. You typically need letters before banks, title companies, and other institutions will let you access, transfer, or sell estate-owned assets—especially when selling real estate or closing/emptying financial accounts.

What Pennsylvania Law Says

Under Pennsylvania probate law, the executor (or other personal representative) is the person legally empowered to take control of estate property, manage it during administration, and—when appropriate—sell estate assets to pay debts, taxes, and make distributions. In practice, third parties usually require proof of that authority, and the standard proof is the “letters” issued by the Register of Wills.

The Statute

The primary law governing an executor’s ability to sell estate property is 20 Pa.C.S. § 3351.

This statute establishes that, unless a will provides otherwise, the personal representative may sell estate personal property and may sell certain real property (and, in some situations, real property requires additional parties or court involvement depending on how it was devised).

Related authority also confirms the personal representative’s right to take possession and administer estate property during the estate process. See 20 Pa.C.S. § 3311.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: The estate process has timing requirements (including required notices after letters are granted), and delays can create creditor, tax, and distribution problems.
• Burden of Proof: Even if you are the named executor, banks, brokerages, and title companies often demand properly issued letters (sometimes recently dated “short certificates”) before they will release funds or insure a sale.
• Exceptions: Whether you can sell real estate without additional joinder/court involvement can depend on how the property was titled, whether it was specifically devised, whether a bond is required, and whether court approval is advisable for protection. Pennsylvania law also allows court-ordered sales in certain circumstances. See 20 Pa.C.S. § 3353.

Trying to handle a sale without the right authority documents can derail a closing, trigger disputes among heirs/beneficiaries, or expose the executor to personal liability. A Pennsylvania probate attorney can confirm what authority you have, what consents or court approvals may be needed, and how to reduce risk before you sign a contract or transfer title.

If you want more background, you may also find these helpful: Can a Pennsylvania Executor Sell Estate Property (Including Real Estate)? and How Do I Apply for Probate and Letters Testamentary in Pennsylvania?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.