What to Do if You Receive a Certificate of Appointment
If you have received Letters Testamentary or Letters of Administration in New York State, MCV Law’s Estates lawyers have the experience and knowledge to clarify your legal role, guide you through the estate administration process, and outline your rights and restrictions. Our compassionate team helps people in your situation perform efficient, legally sound distributions of assets, providing peace of mind and a helping hand during a difficult time.
Once you have been appointed as a fiduciary by a Surrogate’s Court in New York State, an Estates lawyer can examine the Certificate of Appointment you received, give you a full explanation of what your particular Certificate of Appointment entails, and serve as a helpful, affordable resource for you as you navigate the process of administering a loved one’s estate.
Types of Certificates of Appointment in New York State:
Letters Testamentary
Letters Testamentary in New York are documents delivered by a probate court to the executor of the deceased’s estate to enforce the terms set forth in the deceased individual’s will. In other words, these documents approve the testamentary nomination of an executor, and can only be issued by a court to persons specifically chosen as an executor in a will.
How to be Approved as Executor of an Estate
Generally, to be approved as executor you must be chosen by the testator in their will, or otherwise prove eligibility. Per the Surrogate’s Court Procedure Act, Letters Testamentary may be issued accordingly:
- After a will has been admitted to probate any person entitled to letters thereunder who is eligible and who appears and qualifies is entitled to letters testamentary
- Where a judgment has been rendered in an action establishing a will the surrogate must record the will and issue letters as directed by the judgment
- A person entitled to letters upon a contingency may appear and show that the contingency has happened by which he is entitled to such letters
- A person named as an executor by a person other than the testator under a valid power contained in a will must appear and file an acknowledged selection of himself as an executor
Letters of Administration
Letters of Administration in New York are probate court orders appointing an administrator of an intestate estate. They are similar to Letters Testamentary, in that both place someone in charge of administering a decedent’s estate. However, while Letters Testamentary are issued when a decedent dies with a will, Letters of Administration are issued when a decedent dies without a will. When a decedent dies without a will, their estate is considered an intestate estate.
Intestate estate administration in New York has its own set of rules, and can be complicated. MCV Law’s Estates team can streamline this process and help you navigate the legal complexities involved. We take the pressure off of our clients. A skilled Estates lawyer can give you the insight and clarity you need.
Letters of Administration cum testamento annexo
Letters of Administration cum testamento annexo are probate court orders appointing an administrator after a will has been annexed, usually when an executor is unnamed or unavailable.
Letters of Administration de bonis
Letters of Administration de bonis are probate court orders appointing a new administrator to replace another administrator of an estate who can no longer execute the role. The newly appointed administrator is tasked with completing the administration of an estate.
What's the Difference Between an Executor and an Administrator?
Generally speaking, executors are appointed by an individual in their will to administer their estate for them following their death, whereas an administrator is nominated by a court following the death of an individual who either left no will or had their will annexed.
MCV Law’s Syracuse Estates Lawyers Are Here to Help.
The laws associated with estate administration in New York State are complex, and no two estates are exactly alike. MCV Law has a proud history of helping people administer estates of varying sizes, and we excel in guiding executors and administrators through every step of the process in an efficient, easily understandable fashion. To get started, connect with our compassionate, experienced Estates team today, and arrange a free consultation: