For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact.
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An affiant is a person who is the author of an affidavit, who swears to the truth and accuracy of the statements made in the affidavit. The person making the signed statement (affiant) takes an oath that the contents are true to the best of their knowledge. [Last updated in June of 2022 by the Wex Definitions Team]
Section 207.4 Papers filed in court; clerk's file number; official forms. (a) Unless otherwise specified by the court, attorneys, as well as parties appearing without attorneys, shall prepare and submit all papers, pleadings, orders and decrees to be acted upon by the Surrogate.
Some assume this signature space is for someone who has witnessed them signing the affidavit. This is an understandable error. In fact, an affiant is the person who swears by the truth of the facts mentioned in the affidavit.
Limited Letters of Administration are issued by the Surrogates Court to empower an individual to perform very specific and limited tasks. A person with Limited Letters of Administration may be empowered to bring a lawsuit, investigate estate assets or to bring a discovery and turnover proceeding.
Generally, Letters of Administration are documents issued by the New York Surrogate's Court authorizing a person (called 'Administrator') to manage or distribute the property of a deceased person who died intestate (without making a Will).
Attorney-in-Fact and Power of Attorney An attorney-in-fact is a person who has been legally appointed to act on behalf of another person in a legal or business matter. The person appointing the attorney-in-fact is called the "principal," and the attorney-in-fact is sometimes referred to as the "agent."
Short answer: $5,000 to $12,000, typically around $7,000. Courts provide letters of administration when someone dies without leaving a will or naming an executor. Typically, the process to get letters of administration is similar to the process described above for letters testamentary.
Assuming all the relevant documents have been filed, on average, it takes 3 to 6 weeks to receive a letter of administration in New York. If someone is contesting your right to administer the estate, this process could take years. Due to some recent budget cuts and other delays, wait times have slightly increased.
