Legal Question in Wills and Trusts in New York

Re: letter of testimentary

To die without a will means that you died intestate. As her son, you may petition the court for letters of administration. Testimentary letters are issued when a will is submitted to probate.

If your mom's estate is small (little to no assets in her name), you may go to the Kings County Surrogate's Court and seek forms (and help) for a small estate administration.

If your mom's estate does not qualify for a small estate administration, you may want to contact a lawyer to draft and help you petition the Surrogate's Court for Letters of Administration. If you want, you may contact this office for further information.

Mike.

Re: letter of testimentary

I agree with Mike as to the procedure required to get what is needed. You may have to qualify to assume the mortgage liability, may possibly have to refinance in your name alone, or may have to sell the house, if financing is unavailable to you.