Letters testamentary or letters of administration prove a fiduciary's authority the day they're issued, but banks, title companies, and other institutions often want more current proof before they'll act, especially months or years into an administration. That's where a certificate of letters comes in.
What it confirms and why institutions ask for a fresh one
A certificate of letters is issued by the Surrogate's Court clerk confirming that the letters previously issued to a fiduciary remain in full force and have not been revoked, suspended, or modified as of the date the certificate is issued. It answers the question a bank is really asking: is this person still authorized to act right now, not just on the day letters were originally granted.
- Original letters can be months or years old by the time a fiduciary needs to close a sale, transfer securities, or access certain accounts
- Letters can be limited in duration in some circumstances, particularly preliminary or temporary letters, making a fresh certificate necessary to confirm authority hasn't lapsed
- Some institutions require proof of authority dated within a specific window, often 30 to 60 days, before processing a transaction
- A certificate confirms no proceeding has resulted in the fiduciary's removal since the original letters issued
How to request one, and keeping paperwork current
A fiduciary or their attorney can request a certificate directly from the Surrogate's Court clerk's office where the proceeding is pending, for a statutory fee of $6 per certificate (SCPA 2402), with expedited processing available in some counties when a closing deadline is approaching. Because closings often depend on having a certificate in hand at a specific moment, it's worth requesting one with enough lead time. Our fiduciary representation practice handles these requests routinely as part of ongoing estate and trust administration, and our probate and administration team coordinates them alongside other closing paperwork. Fiduciaries managing a longer administration should expect to request updated certificates periodically as new transactions arise, rather than assuming one obtained early will satisfy every institution indefinitely, particularly when a trust or estate remains open for several years and cycles through multiple banking relationships.
A certificate of letters is a routine document, but forgetting to request a current one can stall a real estate closing at the worst possible time, particularly when a buyer's attorney or title company insists on a specific issue date before releasing funds at the closing table.
If you need a certificate of letters or help managing ongoing fiduciary paperwork, call +1 212 518 3868 or schedule a free consultation.
