Atlanta, GA asked in Estate Planning, Elder Law and Probate for New York

Q: My deceased aunt left a Will. If I submit a Petition to Surrogate Court will I be able to access her banking info?

I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.

3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Yes, you will.

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: No. Submitting the Petition is simply the beginning of the process and Letters must issue before you have the authority to access bank accounts or other assets of the Estate.

Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If your the Executor named in the Will, you must petition the Surrogates Court for Letters Testamentary. Once the court issues you Letters Testamentary you can access bank accounts and her apartment. Be aware that if she owns a co-op, your ability to sell or transfer her interest in it may be restricted.

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