Legal Question in Wills and Trusts in New York
Temporary letter of testamentary???
Is there such a thing as a temporary letter of testamentary? Almost a year has gone by since my father's death and we're not in probate yet. I need to register his vehicle, as the lease is up on my vehicle. I have 5 kids, summer is here -- HELP!
2 Answers from Attorneys
Re: Temporary letter of testamentary???
Preliminary letters testamentary can be obtained rather easily. Is there a dispute? Or is there some other reason for the delay?
Re: Temporary letter of testamentary???
Only the Executor can get appointed. However, while you do not explain why nothing has been done to probate the Will, you may be eligible, if you are the closest living relative, to be appointed as Administrator (an appointment where there is no Will). If the only probate asset is the car, there is a simplified procedure for small estates. Contact the Surrogate where your father resided at his death for assistance. The application by you may move the Executor to act.
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