Skip to main content

Voluntary Administration or Probate?

New York, NY |

My deceased parent's estate is small enough to meet guideline for Voluntary Adminstraton.
I will need letter testamentary to process an IRS refund. Even with refund, estate is small.
Will small estate court grant letter testamentary or do I have to go through probate?

Attorney Answers 2

Posted

The Surrogate's Court will issue letters of administration for small estates up to $30,000, provided there are no lawsuits or real property involved. You would need to go to the Surrogate's court in the county where your parent resided. The administration clerk can help you with forms and instructions.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

When you bring a voluntary administration (small estate proceeding) you receive certificates which designate each asset to be collected. On the petition you would indicate IRS refund not to exceed $____ and the other individual assets and their approximate value. The clerk will usually be quite helpful.

Mark as helpful

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics