Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will (intestate) in New York, the Surrogate’s Court appoints an administrator to manage the estate. New York law governs this process under the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL).
1. Determine Heirship Priority
Under EPTL §4-1.1, New York sets an order of distribution: spouse, children, grandchildren, parents, siblings, and so on. Only those who stand to inherit have first priority to serve as administrator. EPTL §4-1.1
2. File a Petition in Surrogate’s Court
A potential heir must file a petition for Letters of Administration under SCPA §1001 in the Surrogate’s Court where the decedent lived. The petition must include:
- A certified copy of the death certificate
- The names and addresses of all distributees
- Proof of the petitioner’s relationship to the decedent
- Any renunciations or consents from other eligible heirs
- The bond amount set by the court, unless waived
See SCPA §1001 for details.
3. Serve Notice and Obtain Consents
State law requires notice to all other distributees and their written consents or waivers under SCPA §1002. If no one objects, the court usually grants the petition.
4. Attend the Court Hearing
At the hearing, the court confirms the petitioner’s eligibility and bond. Once approved, the court issues Letters of Administration. These letters authorize the administrator to collect assets, pay debts, and distribute property.
5. Fulfill Administrator Duties
An administrator must inventory assets, publish creditor notices, file final tax returns, and distribute the estate according to EPTL §4-1.1.
Helpful Hints
- Obtain the death certificate and proof of heirship before you file.
- Identify all eligible heirs early to secure consents.
- Request an informal probate packet from the local Surrogate’s Court.
- Ask the court to waive the bond for close family members.
- Keep detailed records of all estate transactions.