When a New Yorker dies without a valid will, the estate is called intestate. New York law determines who may inherit, and the Surrogate’s Court appoints an administrator to handle estate property.
Probate and administration are different
Probate generally applies when a valid will exists. Without a will, an administration proceeding is filed in the Surrogate’s Court for the county where the decedent lived. The closest distributee generally has priority to seek appointment. Authority comes through Letters of Administration.
Who inherits an intestate estate?
New York’s intestacy rules identify the decedent’s distributees. Spouses, children, parents, siblings, and more remote relatives may have rights in different circumstances. Accurate family information is essential because missing heirs, prior marriages, or unknown addresses can delay the case.
What the administrator must do
- Locate and protect estate assets;
- Keep estate funds separate and maintain records;
- Review debts, expenses, and creditor claims;
- Handle property and financial accounts;
- Coordinate tax work;
- Account to interested parties; and
- Distribute the net estate to lawful distributees.
Small estates
Some estates may qualify for voluntary administration. The official New York Courts administration guide explains the general process.
When legal guidance helps
A New York probate and estate administration attorney can help choose the correct proceeding, prepare papers, identify notice requirements, and address unusual assets or disputes.
This article is general information, not legal advice.