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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific circumstances.

Detailed Answer

When a person dies without an existing probate case in New York, an interested party must initiate an administration proceeding in the Surrogate’s Court of the county where the decedent was domiciled. Below are the required steps under New York law:

1. Determine Proper Jurisdiction
   File in the Surrogate’s Court of the county where the decedent had their permanent residence at death.
2. Select the Correct Petition
   • If the decedent left a valid will but no executor is named or qualified, file a Petition for Probate of Will and for Letters Testamentary.
   • If no will exists, or no executor is named/qualified, file a Petition for Letters of Administration. See EPTL §3-1.1 for definitions of next of kin and intestate succession.
3. Prepare and File Paperwork
   Complete the petition form with: decedent’s name, date of death, last domicile, and the names, addresses, and relationships of all heirs (see SCPA §100). Attach an original death certificate, the will (if any), and pay the required filing fee.
4. Obtain and Serve Citation
   After filing, the court issues a citation. Serve it on all interested parties (heirs and creditors) within 10 days of issuance according to SCPA §102.
5. Publish Notice
   Publish the citation once a week for four consecutive weeks in a designated legal newspaper in the county per SCPA §170. Publication alerts unknown creditors and interested parties.
6. Return Date and Hearing
   File proof of service and publication before the court’s return date. The Surrogate may schedule a hearing to address any objections.
7. Appointment of Administrator
   If all requirements are met and no valid objections stand, the court issues Letters of Administration. The administrator must post any required bond and take the oath of office before acting on behalf of the estate.

Helpful Hints

• Review the local Surrogate’s Court rules for county-specific forms and fee schedules.
• Verify heirship information thoroughly to prevent delays or challenges.
• Keep certified copies of all filed and served documents for your records.
• Consider seeking legal counsel if objections or complex asset issues arise.
• Monitor deadlines for service, publication, and return dates to avoid dismissal.