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Assuming all the relevant documents have been filed, on average, it takes 3 to 6 weeks to receive a letter of administration in New York. If someone is contesting your right to administer the estate, this process could take years. Due to some recent budget cuts and other delays, wait times have slightly increased.
Short answer: $5,000 to $12,000, typically around $7,000. Courts provide letters of administration when someone dies without leaving a will or naming an executor. Typically, the process to get letters of administration is similar to the process described above for letters testamentary.
Probate is the process of proving that the Will is valid (legally acceptable). During probate, the Will must be proved to the satisfaction of the Court that it's the Last Will and Testament of the person who died.
Such an application must be filed with the Surrogate's Court in the county where the decedent lived. You should note that most Surrogate's Courts in the various counties have the same requirements regarding the documents that must be filed. However, there are some courts that have their own requirements and forms.
Answer: Letters of Administration must be obtained from the Surrogate's Court in the county of the Decedent's residence.
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.
Limited Letters of Administration are issued by the Surrogates Court to empower an individual to perform very specific and limited tasks. A person with Limited Letters of Administration may be empowered to bring a lawsuit, investigate estate assets or to bring a discovery and turnover proceeding.
The Waiver and Consent is used to speed up the process when everybody agrees that the Will is valid and that the Will should be admitted to probate. If every distributee signs this Waiver and Consent it can save the estate significant time and expense.