This post covers everything you need to know about the letters of Administration in New York (NY).
Here you will learn
- What is a letters of administration in new york
- What is on a NY letters of administration
- How to get letters of administration in New York
- How long does it take to get letters of administration in New York?
- letters of administration new york sample
let’s get started
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What is a letter of administration in new york
Letters of administration in new york is a legal document that is issued by the New York Surrogate’s Court following the filing and approval of the proper petition for the purpose of appointing an administrator of the estates belonging to the person who dies intestate (without leaving a Will).
‘Letters of Administration’ is not a letter in the traditional meaning of the word. The term “letters” in legal terms denotes “mandate, authorization, and order.”
When a person dies without leaving a Will, New York laws and procedures decide who and how a deceased’s assets are distributed.
Letters of administration are used to appoint one of the heirs as the administrator of the estate, giving them the authority to collect and distribute the decedent’s assets.
When a letters of administration is granted, the appointed person can operate and function as the administrator of the deceased’s estate in movable and immovable properties, financial institutions, government agencies, hospitals, and other places.
What is on a new york letter of administration
A new york letters of administration contains
- File No.
- Name of the deceased
- Date o death
- Domicile of the deceased
- Name and address of the Fiduciary Appointed
- Title: ‘Letters of Administration
- Limitations (if any)
- The statement that shows to whom the letter is granted and why the letter is granted
- Date of grant
- Signature of the clerk
- Seal of the court
How to get letters of administration in New York
The process of getting letters of administration in New York is initiated by lodging a formal application (Petition) to the New York Surrogate’s Court.
An application for the appointment of an Administrator must be filed by an eligible person with the Surrogate’s Court in the county where the decedent lived. For example, if the deceased lived in Manhattan, the application is filed in the New York County Surrogate’s Court which is located at 31 Chambers Street in New York City.
Section 1001 of The Surrogate’s Court Procedure Act (SCPA) provides for the persons that are eligible to petition for letters of Administration and be appointed as Administrators, the first priority is given to the surviving spouse, then children followed by grandchildren, parents, brothers, and sisters.
The petition filed must contain
- the title of the proceeding, the name, and domicile of the person to whose estate or person the proceeding relates, and of the petitioner.
- The facts upon which the jurisdiction of the court depends in the particular proceeding.
- the names and addresses of all the persons interested in the deceased estate
- It must show that there are no other persons than those mentioned interested in the application or proceeding
- A request for the relief sought.
and it must be accompanied by relevant documents including,
- Death certificate of the deceased person.
- Oath and Designation
- Copy of the funeral bill
- Waiver, Renunciation, and Consent
- Affidavit of relationship.
- Affidavit that the estate has no debts.
- Affidavit of the heir.
- Affidavit of due diligence.
After successful lodge the application, the next step is to serve it to every eligible person who has a right to administration prior to or equal to that of the petitioner and who has not been renounced.
When the application has been served to all eligible persons and been returned with proof of due service thereof and no objections have been interposed to the appointment of the petitioner the court may make a decree granting letters of administration as prayed for in the petition or to such other person who may appear entitled thereto.
However, before granting letters of administration on any application, the court may require the petitioner or any other person seeking such letters to serve a written notice of the application on every distributee of the intestate who has not been served with process and has not appeared in the proceeding or waived service of process by mail.
Letters of Administration in New York fee structure
|Value of Estate||Fee Rate ($)|
|Less than $10,000||45.00|
|10,000 but under 20,000||75.00|
|20,000 but under 50,000||215.00|
|50,000 but under 100,000||280.00|
|100,000 but under 250,000||420.00|
|250,000 but under 500,000||625.00|
|500,000 and over||1,250.00|
How long does it take to get letters of administration in New York?
In New York, letters of administration usually take a few months to be granted.
However, the real-time will highly depend on whether the petition submitted is complete and the backlog of the court. Also If someone is opposing your competence to be appointed as the estate Administrator, getting letters of Administration may take longer.
Further, it may take longer than usual to get letters of administration in New York during the summertime because most judges will be on vacation.
letters of administration new york sample
Image credit, The Law Offices of Albert Goodwin
Note: The sample image above shows a Letters of testamentary because they serve the same purpose, It is just the name that changes from Letters of testamentary to Letters of Amnistration, every content remain the same.