After Mom or Dad

Book Two · Being in Charge · Chapter 5

How do I get the legal authority to act?

“The bank says I need ‘letters’. What are they, and how do I get them?”

The short answer

Letters are the court's paper saying you are the executor or administrator. You apply to the probate court in the county where your parent lived. You file the will, if there is one, and sometimes you post a bond.

Until you have letters, your authority is limited. In that time you can keep things safe, and pay as little as you can from your own money.

This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.

What to do

  1. Find the probate court for the county where your parent lived.
  2. Ask the clerk which forms it uses and whether there is a self-help center.
  3. File the will, if there is one, and the application.
  4. Ask whether you need a bond.
  5. Order several copies of the letters once they are issued.
  6. Keep every receipt for anything you pay before then.

What can wait

Who can help

The probate court clerk in the county where your parent lived can explain the court's forms, its routes and what it needs from you.

A probate lawyer can tell you which route fits this estate, and whether a bond applies. Your parent's bank's estate team can tell you what it needs to see.

The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.

From Book 2: Being in Charge

This page has the short answer and the closing lists from chapter 5. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers months 1 to 9 after the death.

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