New York Sample Letter for Initial Probate Proceedings - Request to Execute Documents
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FAQ
New York state law does not have a specific time limit for settling an estate.
The State of New York conducts "solemn" form of probate, meaning that the validity of the will must be established pursuant to a proceeding in which jurisdiction is obtained over all interested parties who are given an opportunity to oppose the will prior to its admission to probate.
Certified copies may be ordered from Surrogate's Court for $6/page. If the copies need to be exemplified, there is an additional flat fee of $20.00. Please send an attorney's check, bank-certified check, or money order payable to New York County Surrogate's Court.
Answer: Letters of Administration must be obtained from the Surrogate's Court in the county of the Decedent's residence.
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.
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.
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.
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
