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How Long to Settle an Estate in New York? The short answer: from 7 months to 3 years. Typically 9 months. Estate settlement (also known as estate administration) is the phase during which you, as the court-appointed executor, must collect the estate assets, organize and pays debts, and file all final taxes.
Ancillary letters of administration In situations where the decedent passes away in another state but leaves behind a property in the New York, the administrator requires ancillary letters to deal with the property of the decedent.
Generally, debts in New York are legally required to be paid in this order: Reasonable funeral costs and estate administration expenses. Federal debts. State debts.
Ancillary probate is a secondary probate process that may be required when a deceased individual owned property in a state other than the one in which they primarily lived. Examples of property that often go through ancillary probate include real estate, land, vehicles, boats, oil, gas, mineral rights, and livestock.
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).
In order to file an ancillary probate proceeding in New York, NY law requires that the estate is actually being administered or the will is being probated in the state where the decedent is domiciled, and that the decedent possessed real (or personal in rare exceptions) property in New York.
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.
Using a citation These documents include the original will, a probate petition, and a certified death certificate. Following this step, the court must send a written notice called a citation to all beneficiaries. This lets beneficiaries know that the executor has filed for the right to take over the estate.