Art. 3159.Issuance of Letters to Succession Representative
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 3159
Plain-English Summary
Letters are the succession-law equivalent of a certificate of authority: the document a succession representative presents to a bank, a title company, or any other third party to prove the legal right to act on the succession's behalf. Article 3159 is what puts that document in the representative's hands.
Issuance depends on completing the two qualifying steps the preceding articles describe. The representative must have furnished whatever security the law requires, whether under Article 3151, Article 3152, Article 3153, or the special mortgage alternative in Article 3157, and must have taken the oath of office Article 3158 requires. Only once both are done does the clerk issue letters, in the court's name and under its seal.
Depending on the office held, the document is called letters of administration or letters testamentary. Whichever form it takes, the letters serve the same function: evidence, recognized by anyone the representative deals with, that the confirmation or appointment took place, that the representative has qualified, and that every legal requirement along the way has been satisfied.
Frequently Asked Questions
What are letters testamentary or letters of administration?
The document, issued by the clerk under the court's name and seal, that formally evidences a succession representative's appointment or confirmation, qualification, and authority to act on the succession's behalf.
What has to happen before the clerk issues letters to a succession representative?
The representative must have furnished any security the law requires and taken the oath of office under Article 3158. Only then does the clerk issue letters.
Why do third parties care about a succession representative's letters?
Because the letters are the recognized proof that the representative has been appointed or confirmed and has satisfied every qualifying requirement, giving banks, title companies, and other third parties confidence in dealing with that person.