Short answer

If your father died intestate (without a will) in New York, you generally ask the Surrogate’s Court in the county where he lived to issue “letters of administration.” The court will decide who has priority to serve as administrator, may require a fiduciary bond, and will supervise the estate until assets are distributed under New York’s intestacy rules. See the Surrogate’s Court rules and the Estates, Powers & Trusts Law for distribution rules: SCPA (Surrogate’s Court Procedure Act) and EPTL § 4-1.1 (Order of Distribution).

Detailed answer — what you must do and what to expect

1. Confirm jurisdiction and basic facts

• File in the Surrogate’s Court of the county where your father was domiciled (his legal residence) at the time of death. See local Surrogate’s Court info: New York State Surrogate’s Courts.
• Obtain several certified copies of the death certificate from the local registrar. You will need these for banks, government agencies, and the court.
• Prepare a list of known heirs and possible creditors — names, addresses, and relationships.

2. Who is eligible to be appointed administrator?

The court follows an order of priority when there is no will. Typical priority (from highest to lower) is:

• Surviving spouse;
• Children (or their descendants);
• Parents;
• Siblings; and then more remote next of kin.

If multiple people have equal priority (for example, two adult children), they can agree who will serve. If they disagree, the court decides based on the best administration of the estate.

3. How to file the petition for letters of administration

1. Get the proper court forms. The Unified Court System provides Surrogate’s Court forms and filing instructions: Surrogate’s Court forms.
2. Complete a petition (sometimes called a petition for letters of administration or petition for administration). Typical information: name and address of petitioner, relationship to decedent, date and place of death, names and ages of heirs, estimated assets and debts.
3. Attach a certified death certificate and any supporting documents (e.g., proof of your relationship, heir affidavits, asset information).
4. File the petition at the Surrogate’s Court and pay the filing fee. Fees vary by county; check the local Surrogate’s Court website or call the clerk.

4. Notice, citation, and hearing

After you file, the court will usually issue a citation or set a return date so interested persons can object. The court will notify named heirs. If nobody objects and the petition is in order, the court will appoint an administrator and issue letters of administration (a document that allows you to collect estate assets and act for the estate).

5. Bond and fiduciary duties

The court may require a fiduciary bond (insurance that protects the estate). In many routine cases the court waives the bond if the petitioner is the sole distributee and the court finds it appropriate. If a bond is required, you must obtain it before receiving letters. After appointment, you must inventory assets, pay valid debts and taxes, and distribute assets according to New York’s intestacy law.

6. Administration tasks after appointment

• Open an estate bank account using the letters of administration;
• Collect property and secure assets;
• Give notice to creditors if required and pay valid claims in priority order;
• Prepare inventories and accountings as ordered by the court;
• File any necessary tax returns (final personal returns and estate income returns). Consider consulting a tax professional;
• Distribute assets to heirs according to EPTL intestacy rules (see EPTL § 4-1.1).

7. What if someone contests your appointment?

Contests commonly arise when multiple people claim priority or when someone objects to the fitness of a proposed administrator. If a contest happens, the court will hold hearings and decide based on statute, evidence, and the best interest of the estate. Consider hiring an attorney if a contest is likely or if the estate has significant assets or debts.

8. Small estates and simplified procedures

New York provides some simplified procedures for small estates or when certain assets are below thresholds held by banks or government agencies. Procedures and thresholds change, so check the Surrogate’s Court forms page or speak with the court clerk to see whether a simplified process applies to your situation.

Relevant statutes and resources

• Surrogate’s Court Procedure Act (SCPA) — general procedures: https://www.nysenate.gov/legislation/laws/SCPA
• New York intestacy (order of distribution): EPTL § 4-1.1
• New York Unified Court System — Surrogate’s Court information and forms: https://www.nycourts.gov/courts/surrogates/ and https://www.nycourts.gov/forms/surrogates/

Helpful hints

• Start by calling the Surrogate’s Court clerk in the county where your father lived. Clerks can explain filing procedures and fee schedules.
• Gather documents early: certified death certificate, marriage certificate (if spouse involved), birth certificates or other proof of relationship, asset statements, and bills.
• If you expect disputes (multiple heirs, contested claims, complex assets), consult a probate attorney promptly.
• Keep careful records: receipts, bank statements, and any communications with heirs or creditors. The court will require accurate accounting.
• Be aware of time limits for creditor claims and tax filings. Missing deadlines can create personal liability for the administrator.
• If the estate seems small, ask the court about simplified procedures that may speed up distribution and reduce cost.
• Consider mediation if heirs disagree. Courts often favor resolving disputes out of court to reduce cost and delay.