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New York state probate law determines that estates that fall under the value of $50,000 don't need to enter into this process. These amounts can vary based on the county and will also increase based on whether the person is married or has children.
File the original will and original death certificate: The first step in obtaining letters of testamentary is to file the deceased person's original will and a certified copy of their death certificate with the Surrogate's Court in the county where the deceased lived.
How to acquire preliminary letters of testamentary. Similar to applying for probate, you will need to submit an ?Application for Preliminary Letters Testamentary.? If you are looking to expedite the process, you will submit an ?Affidavit of Urgency,? which outlines why your application should be given priority.
Letters testamentary are granted to an individual if they have been named executor in the decedent's will. Letters of administration, however, are given to an administrator appointed by the probate court if the decedent died intestate, or without a valid will. Both documents grant the same powers to the holder.
New York Letters Testamentary is a document that allows a person to act on behalf of the estate of a person who died with a will. Letters Testamentary will list the name of the decedent, name of court, date of death, file number, name of the executor, date of issuance and any limitations.