Home > Research Legal Advice > Probate > How do I file for change of letter of administration for intestate estate.
Asked almost 3 years ago - Brooklyn, NY
FlagI received the decree appointing the administrator of the estate, but it included restrictions on administering more than $10,000 and restrained from selling real property. Most of assets of estate are house located in PA. I disclosed that personal property of estate was approx. $200,000 and paid required fee for that size estate. Filed affidavit from only other beneficiary consenting to no bond being posted. However, the decree includes requirement for court order for any sale of property (presumably including property out of NY State) and any administration of more than $10,000 in personal assets.
Based on the limited amount of information provide, this advice is not complete and an attorney should be hired to assist you with this matter.
You must apply for court permission for any transaction above $10,000. Submit an affidavit in support of the motion. Regarding the sale of property, there is a motion you must make for the court to allow the sale of the property. Submit the signed contract along with the motion.
If you want the limitation removed, you must ask the court and support it with a motion on how it impedes your administrating duties. You may want to get waivers from all other beneficiaries in support.
It sounds like it was supervised administration for a number of reasons, either the will required it, or if there was no will, the Judge thought it was a good idea. If you want to amend or modify the type of administration, you need to file the appropriate motion in Court providing for the proper notice and explaining the proper reasons required under the relevant statute.
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