Legal Question in Wills and Trusts in New York

Re: letter of testamentory

The Power of Attorney terminated on the death of your husband, you need to undergo an estate proceeding for your husband's estate in order to get the proper documents. Testamentary letters are issued to the executor of an estate where the decedent left a will.

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Re: letter of testamentory

If he died with a Will, the Will needs to be probated in Surroagte's Court. The Court will then issue "letters testamentary" appointing the executor control to marshal assets.

If he died intestate (without a Will) then an Administration proceeding is necessary.

Depending on the value of his Estate, you may be able to commence a small estate proceeding (if his assets are under $ 20,000.00). This process is less formal and you may not need to retain an attorney to handle it.

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Re: letter of testamentory

You do not say if there is a Will or not, or who, if there is a Will is named Executor. If it is you, or if there is no Will, you can be appointed Administrator of his estate. In either capacity, a form will be issued by the Surrogate which you can use to close the account. I repeat what Mike said about the "small estate" procedure. In either case, you should be able to do this yourself, without an attorney. although if there was no Will, you might need to be bonded. Surrogate personnel are very helpful and it may be worth a call to them before you go.