How to Remove Limitations from Letters Testamentary

If you want to remove limitations from your letters testamentary, you need to file a petition requesting the removal of limitations. SCPA § 702 provides the different reasons for the issuance of limited letters testamentary. To remove these limitations, an estate attorney needs to file a petition justifying the request the removal of limitations.

If you are looking for an attorney to remove limitations from letters testamentary, we at the Law Offices of Albert Goodwin are here for you. You can call us at 212-233-1233 or send us an email at [email protected]

To settle claims of personal injuries and wrongful death

Usually, limited letters are issued to an executor who seeks to file an action for personal injuries and wrongful death on behalf of the decedent. When the court issues limited letters testamentary in this case, the court grants the executor the authority to file the case, but not the authority to compromise and settle the claim. To settle the claim, the executor needs to remove limitations from his letters testamentary. To do this, a petition must be filed with the same Surrogate’s Court who issued the letters testamentary.

To administer property in excess of the amount written in the petition

When filing a petition for probate, your estate attorney needs to write down the total amount of personal and real property left by the decedent. The Surrogate’s Court will sometimes issue letters testamentary to collect assets only to the extent of the estimated values in the petition. If the decedent’s assets are in excess of this estimated value, there is a need to petition the court to remove these limitations from the letters testamentary.

To allow the sale of real estate

Generally, letters testamentary allow an executor to sell the decedent’s real estate without court approval. However, some letters testamentary may restrict an executor from selling the decedent’s real estate. To sell real estate, a petition to remove the limitations in the letters testamentary needs to be filed.

To initiate discovery and turnover proceedings

Limited letters have been issued to allow an executor to initiate discovery and turnover proceedings against persons who took possession of the decedent’s property, either before or after the decedent’s death. To allow the executor to perform more acts that initiate discovery and turnover proceedings, you need to request the court to remove the limitations in the letters.

Because of the different reasons for the issuance of limited letters testamentary, there is no one template that can be used to request the Surrogate’s Court to remove the limitations. An estate attorney will help review and analyze your case and prepare a petition that would justify to the Surrogate’s Court the need and urgency to remove any limitations in your letters testamentary.

Should you need assistance, 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].