Detailed Answer
Letters of administration grant legal authority to collect assets, pay debts, and distribute property when a person dies without a valid will (intestate). New York law on intestacy appears in the Surrogate’s Court Procedure Act (SCPA) Articles 2 and 3. To apply:
1. Choose the correct Surrogate’s Court
File in the county where the decedent was domiciled, per SCPA §207.
2. Prepare the petition and supporting documents
- Petition for Letters of Administration (Uniform Court Form Article 3): download at NYCourts.gov
- Certified death certificate—obtain multiple copies
- Renunciation and Disclaimer forms if any entitled heir disclaims appointment
- Notice of Administration for service on heirs and publication
- Affidavit of Service or Proof of Publication
- Proposed bond and Oath of Fiduciary if bond is required under SCPA §711
3. Submit to the court
File the original petition and required copies, pay the filing fee per the Surrogate’s Court fee schedule (check court’s website), and provide stamped self-addressed envelopes for return of documents.
4. Court review and issuance
The court clerk examines your papers. If everything is in order, the court issues Letters of Administration under SCPA §701. You then assume the role of Administrator and act under the court’s supervision.
Disclaimer: This information is for educational purposes and does not constitute legal advice. To address your unique situation, consult a licensed attorney.
Helpful Hints
- Review local Surrogate’s Court rules and fee schedules before filing.
- Gather certified copies of the death certificate early.
- Publish the Notice of Administration promptly to meet statutory deadlines.
- Consider hiring a probate clerk or paralegal to ensure proper form completion.
- Keep a photocopy of every filed document for your records.