The New York Petition For Successor Letters Testamentary (P-14) is a document used for probate proceedings in New York State. It is used to appoint a personal representative or executor of the estate of a deceased person. The Petition is typically filed with the Surrogate's Court in the county where the decedent resided. The Petition must be filed by the person who is seeking to be appointed as executor. The Petition must include the decedent's name, date of death, and county of residence, as well as the estimated value of the estate and its assets. There are three types of New York Petition For Successor Letters Testamentary (P-14): (1) a Petition to Administer Estate, (2) a Petition for Letters Testamentary, and (3) a Petition for Letters of Administration. The Petition to Administer Estate is used when there is no valid will for the estate. This Petition must be filed by the person who is seeking to be appointed as the administrator of the estate. The Petition for Letters Testamentary is used when there is a valid will for the estate. This Petition must be filed by the person who is seeking to be appointed as the executor of the estate. The Petition for Letters of Administration is used when the executor named in the will is unable or unwilling to serve. This Petition must be filed by the person who is seeking to be appointed as the administrator of the estate.
New York Petition For Successor Letters Testamentary (P-14)
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In New York there is a rule for who can file the Administration proceeding. In general, the person who is the closest distributee (family member) to the Decedent files for administration. See order of priority of family member distributees who can file the Administration proceeding When There Is No Will.
The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived. For example, if the decedent lived in Manhattan, the papers are filed in the New York County Surrogate's Court which is located at 31 Chambers Street in New York City.
How do you obtain a letter of administration in New York? Assuming you are the person entitled to be appointed the administrator, you will need to file an application with the Surrogate's Court. The application will include various documents, such as a Petition for Letter of Administration, which can be found here.
The short answer: 2 to 6 months. Typically 3 months. In the best-case scenario, getting your letters testamentary will take just 2 months. But typically, it takes 3 months to get a court appointment, even in the most straightforward and simplistic cases.
If you would like to obtain a letter of testamentary in NY, you can get in touch with New York estate lawyer Albert Goodwin by calling 718-509-9774 or 718-509-9774.
To seek permission to serve as Temporary Administrator, you will need the Petition for Letters of Administration, the funeral bill, death certificate, bond affidavit, and an affirmation explaining why you are seeking to become the Temporary Administrator of the estate.
To obtain a letter of testamentary in New York, you will first need to file a petition for probate to the Surrogate's Court in the county where the deceased resided.
Section 1412 - Preliminary letters testamentary 1. Whenever a petition for probate of a will (other than a lost or destroyed will) has been filed and process has issued thereon, an executor named in the will may file with the court a written request for the issuance to him of preliminary letters testamentary.