Letters Testamentary in New York

Probate is handled by the Surrogate's Court in the county where the decedent lived. A petition is filed with the original will, and the decedent's distributees and others affected are served with a citation. After the will is admitted to probate, 'letters testamentary' are issued to an eligible named executor who appears and qualifies. Without a will, the court issues 'letters of administration.' An executor generally does not have to post bond unless the will or law requires it.

Minors, incompetent persons, and people found unfit (for example, for dishonesty or substance abuse) cannot serve. A non-U.S.-citizen who lives outside New York cannot serve unless serving with a New York-resident co-fiduciary (or as a foreign guardian). The court may also refuse someone who cannot read and write English or who has a felony conviction for a crime that could harm the estate. A U.S. citizen living in another state may serve. An executor generally does not have to post a bond unless the will requires one or the law requires it (for example, in some cases for non-domiciliaries); the court may require a bond on objection.