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Short answer: Act quickly to preserve the property and evidence, document everything, ask other family members to agree to a written “status quo” hold, and—if necessary—ask Surrogate’s Court for emergency relief or for Letters of Administration. If someone is taking items now, call the police for theft and consult a probate attorney about an emergency court application.

What authority do you have before you are appointed Administrator?

Until the Surrogate’s Court issues Letters of Administration (or Letters Testamentary if there is a will granting someone executor powers), no one has legal authority from the court to act as the estate’s representative. That means you generally cannot legally dispose of estate property or change its official status without either the agreement of the estate’s heirs/beneficiaries or a court order. For background on probate and administration procedures, see New York’s Surrogate’s Court rules and the Estates, Powers & Trusts Law: Surrogate’s Court Procedure Act (SCPA) and Estates, Powers & Trusts Law (EPTL).

Immediate, practical steps to secure the house

• Lock the property and limit access: If you currently have lawful access (key or owner permission), secure doors and windows. Avoid changing locks if another family member objects and you lack authority—doing so can create conflict and possible legal exposure. If you must restrict access to prevent imminent loss, document why you did it and take photographs immediately.
• Document the condition and contents: Walk through every room and take time-stamped photos and video of all rooms, major items, and any valuables (jewelry, electronics, artwork, firearms, cash). Record serial numbers where possible. Save photos in multiple places (cloud + external drive).
• Create a written inventory: Make a simple inventory list (room, item description, estimated value, serial #). Number items if helpful. Keep copies for yourself and email a copy to all interested heirs so there is a contemporaneous record.
• Identify and secure high-value items and documents: Locate wills, deeds, insurance papers, bank statements, safe-deposit box keys, titles, and social security information. If heirs agree, move high-value items or original documents to a safe location or a bank safe deposit box. Keep a clear chain-of-possession record for anything you move.
• Limit who visits: Ask siblings and others to refrain from removing or relocating anything until the estate representative is appointed. Send a polite, written request (email or certified mail) stating you are preserving the estate and will seek court supervision. Keep copies of these communications.
• Get neutral witnesses: When you make an inventory or secure items, ask a neutral adult witness to be present. Have that person sign/initial the inventory or take minutes of actions taken.
• Notify insurers: Contact the homeowner’s insurance to report the death and confirm coverage for theft or damage while probate is pending.

When you suspect someone is removing property

• Call the police for active theft: If you see someone taking items or know items are being removed, you can call local police and report suspected theft or conversion. Under New York Penal Law, unlawful taking of property may be larceny; immediate police involvement can stop ongoing loss and create an official report. See New York Penal Law – Article 155 on Larceny: N.Y. Penal Law §155.
• Preserve evidence: Save texts, emails, photos, receipts, and any witness statements that show who removed what and when.
• Avoid self-help confrontation: Do not use force or threats to stop someone or to take items back—this can escalate into criminal or civil claims.

Legal steps to prevent siblings from taking property before appointment

• Request voluntary written agreement (temporary “status quo”): Ask all adult heirs in writing to agree not to remove or dispose of property pending court action. If they sign a simple stipulation, it can help preserve assets without immediate court involvement.
• File for Letters of Administration promptly: Start the probate process in the appropriate Surrogate’s Court. Once you file a petition and supporting documents (death certificate, list of heirs), the court can expedite issuance of Letters if necessary. The Surrogate’s Court supervises probate and appointment of administrators—see the court resources at the New York State Unified Court System: Surrogate’s Court Help.
• Ask the court for emergency or temporary relief: If assets are at risk, your attorney can seek emergency relief from Surrogate’s Court—this might include temporary Letters of Administration, an order restraining removal of property, or an order requiring parties to preserve the estate. Because Surrogate’s Court procedures and remedies fall under the SCPA and EPTL, a probate attorney can identify the best immediate petition.
• Plead conversion or seek an injunction if necessary: If a sibling has removed property, you may have civil claims (conversion/replevin) and can seek an order to return specific items. An attorney can file these actions or seek injunctive relief in the appropriate court.

What the eventual Administrator must do

Once the court issues Letters of Administration, the Administrator has a fiduciary duty to inventory, protect, and distribute estate assets according to New York law and court orders. The Administrator will prepare an inventory of estate property and proceed with administration under the court’s supervision. For reference on statutory duties and probate rules, see: EPTL and general Surrogate’s Court practice: SCPA.

When to hire a probate attorney

You should consult a probate or estate attorney if:

• Items are being removed or sold by other heirs;
• You cannot get agreement among heirs to preserve the property;
• The estate contains substantial assets, safe-deposit boxes, businesses, or real property; or
• You need an emergency court order or guidance about filing for Letters of Administration.

Helpful Hints

• Take time-stamped photos and videos of every room and every high-value item immediately.
• Email the inventory and photos to all heirs and yourself so there is an automatic timestamped record.
• Keep a daily log of who visits the property and any conversations about moving or taking items.
• If you move items for safekeeping, keep a signed, dated receipt and a witness. Record the reason and place where items were moved.
• Get a certified copy of the death certificate and prepare a basic list of heirs before filing in Surrogate’s Court.
• Contact homeowner’s insurance and, if necessary, change alarm codes (with documentation and notice to heirs).
• Do not throw out or donate property without court authority or unanimous written consent of heirs.
• If safe-deposit boxes exist, ask the bank what the bank requires to access them; often the bank will not permit access until a court issues letters or a small-estate procedure applies.
• Keep communications calm, written, and professional to avoid escalating family disputes that can complicate probate.