New York Sample Letter for Complaint to Probate Will and Appoint Co-Executrixes and Issuance of Letters Testamentary
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FAQ
If the estate must go through probate, the probate court will legally confirm your appointment as executor with what are called letters testamentary (sometimes called surrogate certificates).
Generally speaking, obtaining a Letter of Testamentary in New York can take around 3-5 weeks, assuming the will is not being challenged. If probate is contested in any way ie. wrong info on forms, missing hearings, will being contested, then the process may take months to complete.
A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.
The letters probate provide official recognition of the authority of the executor over the testator's estate. The executor may need this proof, for example, to recover money owing to the testator or to transfer certain assets in ance with the instructions in the will.
One aspect of estate planning that is often overlooked is the letter of intent. This document is typically prepared in conjunction with an estate plan and includes instructions on how the executors or successor trustees should manage the estate's assets and care for loved ones.
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
Affidavit of Comparison ? The court requires us to file a copy of the original Will that is examined by two witnesses attesting that the copy of the Will is the same as the original.
To obtain letters testamentary from the New York Surrogate's Court, an experienced New York probate lawyer's help is valuable. The original will must be located and presented to the court with the petition to probate the will.
