Overview — Administrators for Intestate Estates in New York

This FAQ-style guide explains what you need to know and do to become the court-appointed administrator (sometimes called “administrator d.b.n.” or simply “administrator”) of a sibling’s estate in New York when the sibling died without a will (intestate). The guide walks through who can serve, the typical Surrogate’s Court process, required documents, common issues, and next steps you can take.

Detailed answer

1. What law controls appointment of an administrator and how the estate is distributed?

Two bodies of New York law are most relevant:

• Surrogate’s Court Procedure Act (SCPA) governs petitions, appointment of fiduciaries, bonds, and court procedures. See the SCPA index: https://www.nysenate.gov/legislation/laws/SCPA.
• New York’s Estates, Powers & Trusts Law (EPTL), particularly the intestacy provisions, governs who inherits when someone dies without a will. See the EPTL index: https://www.nysenate.gov/legislation/laws/EPT.

2. Who has priority to be appointed administrator?

If a person dies intestate, the Surrogate’s Court will appoint a fiduciary to collect assets, pay debts, and distribute property under the EPTL distribution rules. The court gives priority to certain classes of people. In practice the usual priority order is:

1. Surviving spouse (if any)
2. Children of the decedent
3. Parents
4. Siblings
5. More remote next-of-kin

If someone with a higher priority is available and willing, the court generally appoints that person unless there is a valid reason not to (e.g., unsuitability, conflict, incapacity). As a sibling you can be appointed if no higher-priority person seeks appointment or the court finds you are appropriate.

3. Basic qualifications to serve

To qualify, you generally must:

• Be an adult (18 or older).
• Be mentally competent to perform the duties of a fiduciary.
• Not be disqualified by statute (for example, certain felony convictions or active conflicts may prevent appointment).
• Be willing to accept fiduciary duties, including keeping records, filing inventories, paying debts and taxes, and distributing assets according to EPTL.

4. How to start the process (step-by-step)

1. Check whether probate/administration is necessary. If the decedent owned only small amounts of personal property or property held jointly or in beneficiary-designated accounts, administration might not be needed. If there is real property or significant assets in the decedent’s name alone, you will likely need letters of administration from Surrogate’s Court.
2. Identify the correct Surrogate’s Court. File the petition in the Surrogate’s Court in the county where the decedent was domiciled (their legal residence) at death.
3. Gather documents most courts require: certified death certificate, your photo ID, proof of your relationship to the decedent (birth certificates, family documents), a list of the decedent’s known assets and liabilities, and contact information for next-of-kin and creditors.
4. Prepare and file the petition for letters of administration. The petition names you as the proposed administrator and lists interested parties. Surrogate’s Court has standard forms and local rules; many counties post filing checklists and forms on the court’s website. (Search your county Surrogate’s Court forms at NY Courts: https://www.nycourts.gov/.)
5. Provide notice. The court requires notice to heirs, potential distributees, and creditors so interested parties can object or consent.
6. Bond. The court will decide whether you must post a fiduciary bond to protect the estate. Beneficiaries who inherit may be able to waive the bond. The SCPA gives the court authority over bonds and waivers; discuss bond requirements with the court clerk or an attorney.
7. Attend any required hearing. If there are no objections, the court typically issues Letters of Administration after reviewing the petition, bond (if required), and notices. If someone objects, the court will schedule a hearing to decide who is best suited to serve.
8. Carry out duties. Once you receive letters, you’ll inventory estate property, notify creditors, pay debts and taxes, and distribute assets according to the EPTL intestacy rules. You will file required inventories and accountings with the Surrogate’s Court as the estate administration proceeds.

5. Common problems and objections

• Someone with higher priority objects to your appointment. If a spouse, child, or parent objects, the court will weigh the objections and appoint the appropriate person.
• Questions about domicile or jurisdiction. If it’s unclear where the decedent legally lived, multiple courts might claim jurisdiction — the court will sort that out.
• Creditors or unknown heirs emerge. The administrator must deal with claims and may need guidance from counsel.
• Bond issues — if you can’t post a bond and beneficiaries won’t waive it, appointment could be delayed or denied.

6. Timeframe and fees

How long the process takes depends on the county, whether there are objections, complexity of the assets, and whether a bond is required. Simple, uncontested administrations can be completed in a few weeks to a few months. Court filing fees, publication or notice costs, bond premiums, and attorney fees (if you hire counsel) are typical expenses.

7. After appointment — your responsibilities

• Inventory and appraise assets.
• Notify and respond to creditors; pay valid debts from estate funds.
• File tax returns for the decedent and the estate when required.
• Distribute remaining assets according to EPTL intestacy rules.
• Keep detailed records and file accountings as required by the Surrogate’s Court.

8. Where to look for forms and more information

Surrogate’s Court forms and local filing rules vary by county. Start at the New York State Courts site and then go to the Surrogate’s Court in the decedent’s county for details and local forms: https://www.nycourts.gov/. For statutory guidance, consult the SCPA and the EPTL: SCPA and EPTL.

Helpful hints

• Confirm domicile: the Surrogate’s Court where the decedent was domiciled (their principal place of residence) has jurisdiction.
• Talk to the court clerk early: clerks can point you to the right forms, local rules, and filing fees.
• Gather proof of relationship: birth certificates, family records, and joint documents speed the process.
• Check for beneficiary designations and jointly held property — many assets pass outside probate.
• Consider whether hiring an attorney makes sense: contested matters, large or complex estates, or significant creditor issues often benefit from counsel.
• Keep clear records and receipts from day one; accounting and transparency reduce the risk of disputes.
• If you cannot serve (health, conflict, or inability to post bond), ask who in the next priority tier is available so the court can appoint the proper person without delay.

Quick checklist before you file

• Certified death certificate(s)
• Identification for the proposed administrator
• Proof of relationship to the decedent
• List of known assets and approximate values
• List of known creditors and liabilities
• Names and addresses of heirs and next-of-kin

Disclaimer

This article explains general New York procedures for appointment of an administrator when someone dies without a will. It is educational only and not legal advice. Laws and local court rules change and facts vary. For help tailored to your situation, contact the Surrogate’s Court in the county where the decedent lived or consult a qualified attorney.