How to Obtain Letters Testamentary in New York

How to obtain letters testamentary in New York.  Start by making sure you have everything on this checklist:

  1. The original will
  2. Original death certificate
  3. Contact information for next-of-kin
  4. Court filing fee

Original Will

You must file this with the court. The court won’t accept a copy. And DO NOT UN-STAPLE the original when scanning a copy for yourself.

Original Death Certificate

Make sure to order 10 or more originals from the funeral home. It’s much easier to over-order now, than to have to get more later from the Department of Health.

Family Contact Information

The New York probate process requires that you notify all next of kin, even if the will cuts them out. So you’ll have to collect signed waiver court forms from them. Or if anyone refuses to sign or is non-responsive, you’ll have to set a court hearing date.

Court Filing Fee

Finally, you’ll have to pay a court filing fee, which ranges from $215 to $1,250 based on the size of the estate.

Audio Transcript:

How to obtain letters testamentary in New York.

The first two things you’ll need are the original will and an original death certificate.

Next, you’ll need to collect the family tree information and contact information for the next of kin.

The New York probate process requires that we notify all next of kin, even if the will cuts them out.

We have to collect signed waver court forms from all next of kin or if anyone refuses to sign or is non-responsive, you’ll have to set a court date.

Finally, you’ll have to pay a filing fee, which ranges from $215 to $1,250 based on the size of the estate.

Oh, one more thing.

Usually it’s the named executor who’s preparing this package, but if for some reason somebody else is applying for letters testamentary, then we also have to notify the nominated executor.

Hope you found this helpful. Take care now.

[Previously posted on YouTube]

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