Detailed Answer
When someone dies without a will in New York, you must apply to the Surrogate’s Court for letters of administration. These letters grant you legal authority to collect assets, pay debts, and distribute property. To begin the process, gather the following documentation:
- Verified Petition (SCPA § 100): Complete the Surrogate’s Court Petition for Letters of Administration. Include the decedent’s full name, date of death, county of residence, and a full list of heirs. SCPA § 100
- Certified Death Certificate: Submit an official copy issued by the vital records office in the county where the death occurred.
- Consent or Renunciation Forms: Obtain written consents from any adult distributees who accept appointment. If a higher-priority heir does not wish to serve, they must sign a renunciation under SCPA § 100(2).
- Surety Bond (SCPA § 707): Unless you qualify for a waiver (e.g., surviving spouse with no other willing distributees), secure a probate bond. The bond protects estate creditors and beneficiaries. SCPA § 707
- Oath of Administrator: Sign and notarize the statutory oath form in open court or before a notary.
- Filing Fee: Pay the applicable fee to the Surrogate’s Court clerk. Fees vary by county; check the court’s fee schedule online.
- Additional Documents (if applicable): Copies of heirship affidavits, proof of relationship (e.g., marriage or birth certificates), and any power-of-attorney documents if you act for a minor or incapacitated person.
After you file, the court will issue a citation and require you to publish notice to creditors. Once the period for claims expires, the court signs letters of administration, and you may inventory assets and begin estate administration.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Verify that names and dates on all forms match the death certificate exactly.
- File your petition as soon as possible to avoid delays in asset distributions.
- Check your county surrogate’s court website for specific local forms and fee schedules.
- Prepare to publish the court’s citation in a local newspaper as required by law.
- Keep certified copies of letters of administration—banks and title companies often require originals.
- Consider consulting a probate attorney if the estate includes real property or complex assets.