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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.
In some states, there is a time limit to applying for probate (for example, the filing of all the necessary paperwork must begin ten days after the date of death). However, if you're in New York, there's no designated timeline for filing a request to validate the will with the probate court.
So What Are Temporary Letters Of Administration? They are issued while a petition for letters of administration is pending in court. They expire every six months, i.e., they are temporary.
What are Preliminary Letters? Preliminary letters give the person named in the will, known as the nominated executor, substantially all of the rights that a full fledged executor has, with the notable exception of the right to distribute the assets to the beneficiaries.
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 executor has to also supply a full accounting of all things to do involving estate assets to the court upon completion of their duties. Depending on how complex this procedure is, it can take three months to two years or even longer for an executor to settle an estate in New York.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
5 percent of an estate with a total value under $100,000. 4 percent of an estate with a total value under $200,000. 3 percent of an estate with a total value under $700,000. 2.5 percent of an estate with a total value under $4,000,000.