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.
- File the original will and original death certificate: The first step in obtaining letters of testamentary is to file the deceased person's original will and a certified copy of their death certificate with the Surrogate's Court in the county where the deceased lived.
- Petition for probate: Attached to the original will, and death certificate - the executor must include the petition for probate. You can find the petition for probate (letter testamentary) form here
- Pay the court filing fee: The court will require a filing fee for the probate petition, which ranges from $45 to $1,250 depending on the size of the estate. Ultimately, the executor is responsible for paying the filing fee - but is to be reimbursed by the estate.
- Attend court hearing: If the court approves the probate petition, it will issue letters of testamentary, and you - as the executor, will now be able to start the estate administration process.
In the event that the deceased passed away in a state other than New York, and you have a letter of testamentary from that state, you are still required to obtain a letter of testamentary for the state of New York. This is typically done by verifying the out-of-state LoT via an ancillary probate proceeding.
Note: that the only person that can apply for letters is if they are the appointed executor as per the deceased’s will, and they meet the legal requirements (over the age of 18, not a convicted felon, etc.).
How long will it take to get Letters Testamentary?
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.