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FiveStarLaw
FiveStarLaw, Attorney
Category: Estate Law
Satisfied Customers: 36462
Experience:  25 years of experience helping people like you.
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how much does it cost to get a Letter of Testamentary if I

Resolved Question:

how much does it cost to get a Letter of Testamentary if I am the exector of the will?
Submitted: 3 years ago.
Category: Estate Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

Thank you for your question. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

In order to obtain a Letter Testamentary, you must open a probate and be appointed executor. The will nominates a person to be executor however the court must appoint the executor when the will was admitted to probate.You may obtain the forms and court fee structure at this link:
http://www.nycourts.gov/forms/surrogates/probate.shtml



Please let me know if you have any questions concerning my answer.
Customer: replied 3 years ago.
I am the exector of the will and my Mom passed away a couple of years ago, So I'm not sure what eles has to be done and do I need an Estate Attorney?
Expert:  FiveStarLaw replied 3 years ago.

If a probate estate was not opened at the time of your mother's death and there are assets that are required to be transferred, you will need to retain local counsel to open an estate.

Let me explain.

Simply put, probate is the legal process of wrapping up a person's affairs, such as marshaling the assets, paying bills and distributing assets.

A probate is required if there are any assets in the decedent's estate that do not pass by operation of law. Items that are held jointly with right of survivorship, transfer on death properties and life insurance to a beneficiary pass by operation of law to the survivor and therefore are not considered assets subject to probate.


FiveStarLaw, Attorney
Category: Estate Law
Satisfied Customers: 36462
Experience: 25 years of experience helping people like you.
FiveStarLaw and 6 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

There are additional monies that are awarded from my fathers death from asbetoes.

I have 2 other brother and the will states that we have equal amounts of the monies.

We have already received monies on the estate.

Do I still need a testmemtary letter?

Expert:  FiveStarLaw replied 3 years ago.
If the check is made out to your mother's estate, you will need to obtain Letters Testamentary in order to deposit the check. If the estate was closed, you will need retain counsel to reopen the estate to obtain the new Letters Testamentary.

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