Legal Question in Wills and Trusts in New York

Letter of testamentary

I live in NY and my grandfather lived in NJ I recently recieved 2 checks for the estate of my grandfather who passed away in March. I am the executor in his will, Only It has my previous named and not my currant name which I have my marraige certificate.And I have an Ein # now the bank says I need a letter of testamentary and I don't know where to get the letter and if it's going to be a problem since He lived in NJ and I live in NY. I just want to cash the checks they only total about 3,000 dollars. This can't be this difficult. Please can you guide me.


Asked on 6/12/08, 11:03 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Letter of testamentary

You have to probate the will in NJ. You should contact a NJ lawyer fo help.

Mike

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Answered on 6/13/08, 8:05 am
Walter LeVine Walter D. LeVine, Esq.

Re: Letter of testamentary

Letters Testamentary are the document issued by the Surrogate's Court where the Will was probated to the Executor, to evidence the appointment. The document is also called Surrogate's Certificate. If you are the Executor and have probated the Will you already have the form. Additional forms can be purchased from the Surrogate, through the mail, for $5 each. If the Will has not yet been probated, it should be. There are procedures for small estates (less than $10,000) and the cost of probate is not significant (NJ's fees are based on the number of pages in the Will, not the size of the estate). Once you get the form, open a bank account in the Estate's name, endorse the checks as they are made out and deposit them to this account. Then carry out the terms of the Will. If you need assistance, contact me directly.

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Answered on 6/13/08, 12:24 pm


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