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Decedent resided in Texas, owns a co op in Bronx, NY

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  • Decedent resided in Texas, owns a co op in Bronx, NY

    Decedent resided in Texas, owns a co op in Bronx, NY. Contract of Sale signed for co op. Before we proceed with Probate in Bronx County we need to determine if Certificates of fiduciary appointment issued from the County of original jurisdiction are acceptable in NYS.

    I was told by Bronx County Surrogate's Court that NYS would accept Letters of fiduciary appointment from the County of original jurisdiction if a decedent was a non resident but owned a co op in NYC. The Court clerk added that since a co op is personal property, Letters Testamentary/Certificates issued from another County/State are acceptable. That is not the case with the sale of real property; Letters would have to be issued from the County where the property is located. I am trying to confirm if this is true.

    Thank you

  • #2
    Hi Anna, we recommend reaching out directly to one of our real estate partner lawyers on this rather complex question.

    We also recommend checking out our comprehensive article on estate sales and how to have an estate sale in NYC.

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