Legal Question in Wills and Trusts in New York
Letter of Administration
Would a letter of administration issued by the court in San Diego (where the deceased lived and the executor lives) be valid in New York (where the deceased investment accounts are). The will is very clear as far as executor and beneficiary information. If it does have to be issued in New York does it have to be done by the executor or can she have an attorney from New York act on her behalf. About how long would this take? Thanks!
1 Answer from Attorneys
Re: Letter of Administration
Based upon the information that you provide, the executor will likely have to petition for what is known as an "ancillary proceeding" in NY. If so, the executor is usually not required to be physically present in NY. An attorney may assist you in completing the process.
If everything is in order, and there are no complications, I would estimate that the Surrogate's Court in NY will give the executor authority to collect the NY assets within 2 to 6 weeks from filing.
If you should require my assistance here in New York, please feel free to contact me.
All the best.
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