How to Get Letters of Administration in New York City

You get letters of administration from the probate court. In New York, this court is called the Surrogate’s Court. You can have an attorney assist you with the process.

What Documents You Will Need

Here is the list of documents you need to apply for letters of administration:

• Petition for administration of estate

  The petition formally requests that the court appoint an administrator for the estate and provides key details about the deceased, heirs, and estate assets and debts.

• Oath and Designation

  The proposed administrator signs an Oath and Designation to swear to faithfully carry out their duties and designate a county for legal purposes.

• Original Death Certificate

  The original or certified copy of the death certificate proves the death officially occurred.

• Copy of the funeral bill

  This helps demonstrate payment for the funeral.

• Waiver, Renunciation, and Consent

  This is executed by the distributees, the persons entitled to inherit from the decedent under EPTL § 4-1.1. Any persons with equal or higher priority to serve as administrator sign this to waive their rights. If the distributees do not sign this document, you would have to ask the court to issue a citation.

• Citations

  The court issues citations to notify interested parties of the administrator appointment hearing. Citations are issued to those distributees who do not execute waivers.

• Notices

  There may be additional notice requirements depending on the specifics of the case.

• Affidavit of Sole Heirship

  An affidavit of sole heirship is executed by a disinterested person when the decedent was survived by no heir, one heir, or where the surviving heirs are related to the decedent through a person who is also deceased. Sometimes it needs to include a family tree chart.

• Affidavit of Due Diligence

  The petitioner swears they made diligent efforts to find any other potential heirs.

• Other documents

  Additional affidavits and documents may be necessary regarding estate facts, assets, debts or special circumstances. After your attorney submits the documents, the court will review the documents and will verify that you are the closest living relative. The court will also make sure that you are the relative with the priority to be appointed the estate administrator.

• Proposed Decree

  The petitioner’s attorney drafts this document for the judge’s approval, outlining the appointment of the administrator and their powers and duties. If the Judge of the Surrogate’s Court deems you to qualify, the judge will issue the Decree and Letters of Administration.

How Long Does it Take to Get Letters of Administration?

How long it takes to get Letters of Administration depends on many things. The most important factor is what part of New York you are filing in. Upstate New York, it can take less than a month to process your application. In New York City, it can take sixty days for the court to even begin reviewing your application, and it typically takes a few months to get letters of administration.

Because of budget cuts and staff shortages, we’ve seen longer wait times for getting letters of administration throughout the court system.

If there are issues with your eligibility to becoming the estate administrator, then getting letters of administration can take years and may not even happen at all.

What if You Need More Than One Copy

You often need more than one certified copy, since each bank and government agency would require an original. Also, since some institutions require a more official-looking document, the court can issue a Certificate of Appointment of Administrator. It’s printed on watermarked blue paper and looks similar to a death certificate, birth certificate, or marriage certificate.

Here is a redacted image of a Certificate of Appointment of Administrator obtained by our law firm:

How Our Law Firm Can Help

To obtain Letters of Administration, our attorneys will:

• File the Petition for Administration along with supporting docs like the death certificate
• Represent you at the appointment hearing before the Surrogate’s Court
• Advise you through every step of the estate administration process

It typically takes a few months to receive the letters after filing. We help expedite the process and resolve any disputes or complications

If you would like legal representation in obtaining Letters of Administration, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].

Sources:

NY SCPA Article 10