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Letters testamentary are granted to an individual if they have been named executor in the decedent's will. Letters of administration, however, are given to an administrator appointed by the probate court if the decedent died intestate, or without a valid will. Both documents grant the same powers to the holder.
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.
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.
Under Article 13 of the SCPA, small estate petitions can only be opened to administer personal property such as bank accounts.
New York Letters Testamentary is a document that allows a person to act on behalf of the estate of a person who died with a will. Letters Testamentary will list the name of the decedent, name of court, date of death, file number, name of the executor, date of issuance and any limitations.
If you live in NYC or the surrounding counties listed below, it is necessary that you personally appear in Court to file your Letters of Administration request. If you live outside of NYC, you have the option to call the Court or electronically file your Letters of Administration request.
Definition of LETTERS TESTAMENTARY: (noun) / under New York law, the name of the official document appointing a person named in the will to act as the representative (executor) of an estate where the decedent has died testate (with a will)
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).