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I’m an Executor in a Long Island Will, Why Can’t I Just Fulfill My Duty Without Having to Go to Court?

Just because someone is nominated as the executor in the will does not make them authorized to take charge of the decedent’s affairs until they are appointed by the court. The court may do a background check and may require a bond before a person is appointed. Only with a certificate from a Nassau Couty or Suffolk County court can a long island decedent’s executor act on behalf of an estate. This certificate is called “Letters Testamentary.”

To receive letters testamentary, the nominated executor needs to petition the court, which is a process that includes notice to other interested parties in the estate, such as beneficiaries, creditors and government agencies. If a will is contested, it may take years before the executor is authorized to act on behalf of the estate.

If there is a will challenge or some other delay, an executor may apply for preliminary letters testamentary, so that the estate does not deteriorate and loose value due to lack of management.

If you are looking for a Long Island estate attorney, call the Law Offices of Albert Gurevich at (786) 777-0647.

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