NY Executor Guide
How to Get Letters Testamentary in New York
Letters testamentary are the document banks, brokers and title companies ask for. In New York, the day they are first issued also starts most of the estate’s clocks.
Which letters does the estate need?
| Situation | Proceeding | The fiduciary is called | Authority document |
|---|---|---|---|
| There is a will | Probate | Executor | Letters testamentary |
| There is no will | Administration | Administrator | Letters of administration |
| Personal property $50,000 or less | Voluntary administration | Voluntary administrator | Short certificate — see NY small estates |
What are the steps to get letters testamentary?
- Find the original will. The court needs the original, filed with the certified death certificate and the probate petition.
- File in the right county — the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205). Some counties accept filing through NYSCEF, the courts’ e-filing system.
- Deal with the distributees. The petition lists the distributees (New York’s word for the people who would inherit without a will). Each must be served a citation — or can sign a waiver and consent to the executor’s appointment instead. Collected waivers mean fewer people to serve.
- The will is admitted and the executor qualifies. An executor generally does not have to post a bond unless the will requires one (SCPA 710).
- Letters issue. Order several certificates of letters ($6 each) — institutions want proof the appointment is current.
If something needs doing before the will is admitted, an executor named in the will can request preliminary letters testamentary once the petition is filed and process has issued (SCPA 1412).
How much is the Surrogate’s Court filing fee?
The fee is set by SCPA § 2402 on the gross estate passing by the will as stated in the petition, and is adjusted (extra fee or refund) if the value later proves different:
Estimate from the SCPA 2402 schedule. The same schedule applies to administration (based on the estate passing without a will). Confirm the current fee with the county clerk.
| Gross estate | Filing fee |
|---|---|
| Less than $10,000 | $45 |
| $10,000 but under $20,000 | $75 |
| $20,000 but under $50,000 | $215 |
| $50,000 but under $100,000 | $280 |
| $100,000 but under $250,000 | $420 |
| $250,000 but under $500,000 | $625 |
| $500,000 and over | $1,250 |
What happens when there is no will?
The closest distributee files a petition for letters of administration with the paid funeral bill and a certified death certificate. The order of who may serve starts with the surviving spouse, then the children, grandchildren, either parent, brothers or sisters (SCPA 1001) — see New York intestacy for who inherits. Unlike an executor, an administrator must file a bond before letters issue (SCPA 805), unless the court dispenses with it — for example where every interested person files an acknowledged consent.
What clocks start when letters issue?
In New York most estate deadlines run from the date letters are first issued, not from the date of death:
| From the date of letters | What it is |
|---|---|
| 4 months | Deadline to renounce a will-set fee and take statutory commissions instead (SCPA 2307) — see NY executor fees |
| 6 months | A surviving spouse’s right of election, and never later than 2 years after death (EPTL 5-1.1-A) |
| 7 months | Creditor period: claims not presented by then cannot make the executor personally chargeable for good-faith payments already made (SCPA 1802) |
| 7 months | The earliest a beneficiary can require a distribution (EPTL 11-1.5) |
Enter the date of death and the letters date in the New York deadline calculator to see every date on both clocks.
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More New York guides: the probate process step by step · letters testamentary · small estates · how long probate takes · executor fees · intestacy · estate tax · deadline calculator
Frequently asked questions
What are letters testamentary in New York?
They are the Surrogate’s Court’s authority for the executor named in a will to act for the estate. Under SCPA 1414, once the will is admitted to probate, a person entitled to letters under it who is eligible and qualifies is entitled to letters testamentary.
How do I get letters testamentary in New York?
The executor files the original will, a certified death certificate and a probate petition with the Surrogate’s Court in the county where the decedent lived. Each distributee either signs a waiver and consent or is served with a citation. Once the will is admitted to probate and the executor qualifies, letters issue.
How much does it cost to file for probate in New York?
The Surrogate’s Court filing fee depends on the gross estate passing by the will: $45 under $10,000, $75 under $20,000, $215 under $50,000, $280 under $100,000, $420 under $250,000, $625 under $500,000 and $1,250 at $500,000 or more (SCPA 2402). The fee is trued up if the value later turns out different.
What is a certificate of letters and how much does it cost?
A certificate of letters shows that the fiduciary’s appointment is still in full force. The Surrogate’s Court charges $6 for each one (SCPA 2402).
What is the difference between letters testamentary and letters of administration?
Letters testamentary go to an executor named in a will, after the will is admitted to probate. Letters of administration go to a qualified distributee when there is no will; that petition is filed with the paid funeral bill and a certified death certificate, and an administrator generally must file a bond.
Can an executor act before letters testamentary issue?
An executor named in the will can ask the court for preliminary letters testamentary once a probate petition has been filed and process has issued (SCPA 1412).