Detailed Answer

Short answer: In New York you can ask the Surrogate’s Court to reopen a closed estate and to appoint you as administrator, but you must show a valid legal reason (for example, a newly discovered asset, fraud, mistake, or unpaid creditor claim) and follow the court’s reopening and appointment procedures. The court has discretion and will look at priority rules, notice to interested persons, and whether reopening is needed to protect estate assets or rights.

How reopening works under New York law

Surrogate’s Courts in New York have the authority to reopen probate or an administration file when justice requires it. Reopening is an equitable, discretionary remedy the court grants when there is a legitimate reason — for example:

• An asset or bank account was omitted and must be administered or distributed;
• A creditor’s claim was missed and must be paid;
• Fraud, mistake, or improper distribution occurred when the estate was closed;
• You need formal letters of administration to clear title to real property or to manage estate affairs.

The Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL) govern probate, administration, and intestacy issues in New York. See general statutory resources: SCPA (Surrogate’s Court Procedure Act): https://www.nysenate.gov/legislation/laws/SCPA and EPTL (intestate succession and related rules): https://www.nysenate.gov/legislation/laws/EPTL.

Who may seek reopening and who may be appointed?

Anyone with a significant interest in the estate — a creditor, an omitted heir, a beneficiary, or a person with a property claim — can petition to reopen. If the decedent died intestate (without a will), the court will appoint an administrator according to New York priority rules (surviving spouse typically has priority, then children, then other next of kin). If there is a will and no executor is serving, an interested party may petition to be appointed. You will need to demonstrate both (1) that reopening is justified, and (2) that you have priority or the court should exercise its discretion to appoint you.

Step-by-step: How to reopen your father’s closed estate and seek appointment as administrator

1. Confirm the status of the estate file. Visit the Surrogate’s Court where the estate was handled and obtain the file number, final order of distribution or closing papers, and any letters (e.g., letters testamentary or letters of administration that were issued).
2. Identify the legal grounds to reopen. Common grounds: discovery of omitted assets, unpaid creditor claims, fraud/mistake in the original administration, or the need to clear or transfer title to real property. Be ready to explain and provide evidence.
3. Gather documentation. Examples: death certificate, copy of the prior probate/closing order, letters previously issued, bank statements showing omitted accounts, deeds or title documents, your proof of relationship (e.g., your birth certificate showing you are the decedent’s child), and any communications that show mistake or fraud.
4. Prepare and file a petition or motion. File a petition in the Surrogate’s Court that handled the original estate. The petition should request reopening of the file and appointment of an administrator (or issuing supplemental letters). The petition must state the legal grounds and include supporting evidence.
5. Provide notice to interested persons. The court will require notice to beneficiaries, heirs, and other interested parties. Expect the court to set a return date for objections or for a hearing.
6. Attend the hearing. The court will consider your evidence, any objections, and whether reopening and your appointment are warranted. The judge may limit the scope of the reopening (for example, reopen only to administer a particular asset).
7. If appointed, obtain letters of administration. If the court appoints you, it will issue letters of administration or supplemental letters that give you authority to collect assets, pay debts, and wind up the reopened estate matter.

Practical evidence and proof the court expects

Stronger petitions include clear documentary proof: bank records showing an account not reported in administration, recent real estate documents, affidavits from persons with knowledge, or proof that creditors were not paid. If the reason is mistake or fraud, affidavits or other corroborating documents are important.

Timing, fees, and likely outcomes

The timeline varies by county and case complexity. Simple petitions (e.g., reopen to distribute a small newly-found asset) can be resolved in a few weeks to months. Complex matters (fraud allegations or large assets) take longer. Court filing fees and publication or citation costs apply. The court may charge the estate for fees and will expect accounting for any distributions made after reopening. If appointed, you’ll have fiduciary duties and must follow Surrogate’s Court rules for accountings and distributions.

When reopening may be denied

The court can deny reopening if there is no good cause, the petition is untimely without justification, reopening would unfairly prejudice third parties, or the petitioner lacks standing or priority to be appointed. The court may also limit reopening to specific limited tasks (for example, to administer a single asset) rather than fully re-opening the entire administration.

Where to find forms and local rules

Many Surrogate’s Courts publish local forms and instructions. See the NY Courts Surrogate’s Court forms and information: https://www.nycourts.gov/courts/nyc/surrogates/ and statewide Surrogate’s forms at: https://www.nycourts.gov/forms/surrogates/index.shtml.

Statutory resources: General SCPA (Surrogate’s Court Procedure Act): https://www.nysenate.gov/legislation/laws/SCPA. Estates, Powers & Trusts Law (for intestacy and related rules): https://www.nysenate.gov/legislation/laws/EPTL.

Example hypothetical

Hypothetical: Your father’s estate was closed two years ago after distribution. After closing you find a bank account that was never reported. You collect bank records showing the account existed and was not included in the final distribution documents. You prepare a petition to the Surrogate’s Court asking to reopen the estate to administer that account and to be appointed administrator to collect the funds and distribute them according to law. You give notice to the original beneficiaries; the court holds a short hearing and reopens the estate limited to the unreported account, issues you supplemental letters, and directs you to file an accounting for that asset.

Final practical considerations

• Be clear and organized: courts respond best to focused petitions that explain the legal basis and provide reliable proof.
• If multiple relatives want appointment, expect the court to apply New York’s priority rules and to resolve disputes at a hearing.
• If the legal issue involves fraud, title disputes, or contested claims, expect a longer process and stronger evidentiary requirements.

Disclaimer

This article explains general New York law and common procedures for reopening an estate and seeking appointment as an administrator. It is educational only and not legal advice. For help with a real case, consult a licensed New York attorney or the local Surrogate’s Court. The court and local rules vary by county; an attorney can review your documents and advise on strategy and form preparation.

Helpful Hints

• Start at the Surrogate’s Court clerk’s office where the estate was handled — ask for the estate file number and copies of the closing order and letters previously issued.
• Collect documentary proof before filing: bank statements, account numbers, deeds, affidavits, and the original closing documents.
• Check priority: if you are the decedent’s child, you generally rank high for appointment, but if a surviving spouse exists they typically have priority.
• Prepare to notify beneficiaries and heirs; failure to give proper notice can delay or defeat your petition.
• Consider limited relief: asking the court to reopen only for a single asset or task can be faster and less adversarial than full re-opening.
• Use court and county forms when available; local Surrogate’s Court clerks can often point you to required filings and fees.
• If complex facts (fraud, contested title, or large assets) are involved, consult a New York-licensed attorney experienced in Surrogate’s Court practice.