[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient’s Name] [Recipient’s Address] [City, State, ZIP] Subject: Request to Execute Documents for Initial Probate Proceedings Dear [Recipient’s Name], I hope this letter finds you in good health and high spirits. I am writing to request your assistance in executing the necessary documents for the initial probate proceedings. As the appointed executor for the estate of [Deceased's Full Name], I would appreciate your help in promptly starting the probate process. I am aware that in order to initiate probate proceedings in the State of New York, there are certain documents that need to be executed. I have carefully prepared the required forms, which include the following: 1. Petition for Probate: This form requests the court's permission to probate the last will and testament of the deceased. It outlines essential information such as the name of the deceased, their date of death, and their assets. 2. Waiver and Consent: This document is signed by all individuals named in the last will and testament as beneficiaries or heirs, indicating their consent to the probate process and waiving any further notice or citation from the court. 3. Appraisal Affidavit: This affidavit lists the value of the decedent's assets, including real estate, bank accounts, investments, personal property, and other valuable possessions. It verifies the estate's total worth for the purpose of estate tax calculation. 4. Letters Testamentary: Once the court approves the petition for probate, the executor will be issued Letters Testamentary. These formal documents grant legal authority to the executor to act on behalf of the estate, including managing assets, paying debts, and distributing property to beneficiaries. I have completed the aforementioned forms and have also gathered the necessary supporting documents, such as the original will, death certificate, and any other applicable testamentary instruments. Kindly let me know at your earliest convenience when it would be most convenient for us to meet in person or virtually to execute these documents. Since timeliness is crucial in probate matters, I kindly request your prompt attention to this matter. If there are any additional forms or documents required for the initial probate proceedings in the State of New York, please inform me so that I can provide them promptly. I greatly appreciate your assistance and guidance throughout this intricate process. Should you have any questions or require further information, please do not hesitate to contact me. Thank you for your attention and cooperation. Yours sincerely, [Your Name]
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.
