[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Probate Court's Name] [Probate Court's Address] [City, State, ZIP] Re: Complaint to Probate Will, Appointment of Executrix, and Issuance of Letters Testamentary for [Decedent’s Name], Deceased Dear [Probate Court's Name], I, [Your Name], am I writing this letter to file a formal complaint for the probate of the Last Will and Testament of [Decedent’s Name], deceased, in accordance with the laws of Suffolk County, New York. I am the interested party in this matter as [state your relationship to the decedent, e.g., the named executrix/executor, family member, or beneficiary]. I request the appointment of [Name of Proposed Executrix/Executor] as the executrix/executor of the decedent's estate, as stated in the attached Last Will and Testament, and the issuance of Letters Testamentary to [her/him] as required by law. Please find enclosed the following documents relevant to this matter: 1. Original Last Will and Testament of [Decedent’s Name] dated [Date of Will], along with any subsequent codicils signed by the testator; 2. Death certificate of the decedent [Decedent’s Name], issued by the [authority]; 3. Certified copy of the Marriage Certificate or other relevant proof of relationship (if applicable); 4. Affidavit of [Your Name], affirming the accuracy and authenticity of the enclosed documents; 5. Any other supporting documents, such as proof of debts owed by the estate, if applicable. I would like to highlight that the decedent was a resident of Suffolk County, New York, at the time of their passing. Hence, this matter falls under the jurisdiction of the Suffolk County Probate Court. Furthermore, I believe that the attached Last Will and Testament represents the true and valid intentions of the decedent and should be recognized as such. The proposed executrix [Name of Proposed Executrix/Executor] has agreed to accept her/his responsibilities and is willing to fulfill the duties and obligations as required by the probate process. I kindly request a hearing date to be scheduled for the consideration of this matter. Please notify me, at the address provided above, of the scheduled hearing date once it has been assigned. Should you require any further documentation or information related to this case, please do not hesitate to contact me at the provided contact details. Thank you for your prompt attention to this matter. I look forward to a prompt resolution. Sincerely, [Your Name] [Your Title/Position, if applicable] [Your Signature] Enclosures: 1. Last Will and Testament of [Decedent’s Name] 2. Death Certificate of [Decedent’s Name] 3. Certified copy of Marriage Certificate or Relationship Proof (if applicable) 4. Affidavit of [Your Name] 5. Supporting Documents (e.g., debts owed by the estate) [if applicable]
Suffolk New York Sample Letter for Complaint to Probate Will and Appoint Executrix and Issuance of Letters Testamentary
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How to fill out Suffolk New York Sample Letter For Complaint To Probate Will And Appoint Executrix And Issuance Of Letters Testamentary?
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FAQ
In the best-case scenario, getting your letters testamentary will take just 2 months. But typically, it takes 3 months to get a court appointment, even in the most straightforward and simplistic cases.
A: Letters testamentary do not "expire", but you may need a new certificate of appointment issued by the Surrogate's Court to show that you are still in good standing.
In order to get letters testamentary, you need to submit a petition for probate together with its supporting documents to the Surrogate's Court. Do not unstaple even if you are scanning it.
The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly.
Assuming no one contests the will, the time it takes to get a will admitted to probate after it is filed in New York City is anywhere between one and three months, with two months being average. Once the will is admitted to probate, the estate needs to be administered by the executor.
Letters of Administration will need to be obtained which requires filing a petition and many other documents with the Court. The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived.
To get a new certificate, you just have to go to the court that issued the letters testamentary, see a clerk in the cashier's department, pay six dollars and they will issue a new certificate. The new Certificate will essentially be good for the next six months.
Typically 6 months, sometimes as short as 30 days.
Essentially, most letters of administration can last forever. Look at an example of letters of administration there is no expiration date on it. With many courts in New York, one for each county, rules may vary from court to court. Circumstances can also vary from case to case.
