Detailed Answer

Short answer: Yes — you can become the personal representative (executor or administrator) of your sister’s estate in New York in many circumstances, but whether you will be appointed depends on whether your sister left a valid will, who the will names, and the order of priority under New York law. The Surrogate’s Court makes the formal appointment and issues the legal papers (called “letters”) that let you act for the estate.

How appointment works in New York

New York law on wills, executors, and administration is governed mainly by the Estates, Powers & Trusts Law (EPTL) and by practice under the Surrogate’s Court Procedure Act (SCPA). See the New York statutes and court resources for the full law: EPTL (New York) and SCPA (New York). The Surrogate’s Court for the county where your sister lived handles probate and administration; general court information is available at the New York Courts Surrogate’s Court pages: New York State Surrogate’s Courts.

Two common scenarios

1) Your sister left a valid will that names an executor

If the will names you as executor, you generally petition the Surrogate’s Court for “letters testamentary.” The court will review the will and supporting documents (including a death certificate and proof of service to interested parties). If the court accepts the will as valid and you are qualified, it will issue letters that give you authority to collect assets, pay debts and taxes, and distribute property under the will.

If the will names someone else as executor, that person usually has priority to serve. You can ask the court to remove or replace an executor only for limited reasons (for example, the named executor is unwilling, unable, disqualified, or otherwise unfit). The court decides after notice to interested parties.

2) Your sister did not leave a will (intestate)

If there is no will, the court appoints an administrator for the estate. New York follows a priority order for who may be appointed. Surviving spouse, children, and parents usually have higher priority. Siblings (you) may be appointed if you are next in priority under the law and higher-priority people are not available or do not want to serve. Whether you are appointed will therefore depend on who else survives the decedent and who applies to the court.

Qualifications and common issues

• Age and capacity: You generally must be an adult (18+) and of sound mind to serve.
• Felony convictions or conflicts: The court can refuse to appoint someone with disqualifying criminal convictions or serious conflicts of interest, or it can require additional supervision.
• Residency: Non‑New York residents can serve, but the court may impose conditions (like a bond) or require a New York resident agent for service.
• Bonds: The court often requires a bond (insurance to protect the estate) unless the will waives bond or the court dispenses with it for good cause. Bond amounts depend on estate size and risk.

Practical steps to try to become the personal representative

1. Locate the will (if any) and the original document. The original will is usually required by the court.
2. Obtain several certified copies of the death certificate.
3. Identify heirs and next-of-kin and determine whether a spouse, children, or parents survive your sister.
4. File a petition in the Surrogate’s Court in the county where your sister lived. The petition requests letters testamentary (if there is a will) or letters of administration (if intestate).
5. Serve notice to interested parties as required by court rules and attend any scheduled hearing.

Typical timeline and costs

Petition processing can take a few weeks to several months depending on whether the will is contested, whether notice issues arise, and local court workload. Expect filing fees, possible publication or mailing costs, and possibly bond premiums. Attorney fees vary; some estates are handled by probate attorneys on an hourly basis or under a statutory fee schedule if approved by the court.

Hypothetical example

Jane Doe (no spouse or children) dies leaving a will that names her sister (you) as executor. You present the original will and death certificate to the Surrogate’s Court, file for letters testamentary, and after routine review and publication, the court issues letters. You may need to post a bond unless the will waives it.

By contrast, if Jane died without a will and her elderly parent survives, the parent would have higher priority. You would only be appointed if the parent declines or is unavailable.

When to get a lawyer

Consider hiring an estate or probate attorney if the estate is large, contains significant real estate or business interests, includes tax issues, or if there is a dispute among heirs. An attorney can prepare and file the petition, handle bond and notice issues, and represent you at hearings. If the estate is small and uncontested, many people handle the process with court forms and limited legal help.

Where to find forms and more information

Surrogate’s Court forms and local instructions are available from the New York State Unified Court System and from the local county Surrogate’s Court. Start at: https://www.nycourts.gov/courts/surrogates/ and the New York laws pages: https://www.nysenate.gov/legislation/laws/EPTL and https://www.nysenate.gov/legislation/laws/SCPA.

Disclaimer

This article is educational and informational only. It is not legal advice. For advice about your specific situation, contact a licensed New York attorney who handles probate and estate administration.

Helpful Hints

• Locate the original will and multiple certified death certificates as soon as possible.
• Check whether the will contains a bond waiver; a waiver can save time and cost.
• Make a list of assets and approximate values before filing so the court paperwork is accurate.
• Notify likely heirs early to reduce surprises and potential contests.
• If you are not confident handling court forms, schedule a limited-scope consultation with a probate attorney for document review and filing guidance.
• Keep careful records of all estate transactions — the court and heirs will expect clear accounting.
• Ask the Surrogate’s Court clerk for local filing requirements and forms; counties sometimes differ in procedure.