Legal Question in Wills and Trusts in New York

Re: Letter of testimentary

If the account is less than $15,000 in value, then the bank is wrong and you do not need Letters Testamentary. You may collect that account without going to court by using a 1310 affidavit (read my article for more detail http://www.nycprobate.com/27225.html). If the account is more than $15,000 but less than $30,000 you can obtain Voluntary Letters from the court which is fairly simple to do (read my article for more detail http://www.nycprobate.com/27226.html). If the account is $30,000 or more than than you must obtain Letters of Administration (no Will) or Letters Testamentary (if there is a Will). In the case of the latter, you may find helpful information and forms on my website.