Creditor’s Petition

Creditor’s Petition in New York Surrogate’s Court

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Creditor’s Petition for Appointment of Public Administrator 

After a person dies, their estate goes through a legal process known as probate (when there is a Will) or Estate Administration (when there is no Will). If the decedent had debts and creditors are seeking repayment but no Executor or Administrator is appointed, a creditors’ petition may be filed. In New York, one possible outcome of such a creditor’s petition is the appointment of the Public Administrator as the administrator of the estate. 

This is especially important for:

  1. landlords who have tenants that have died in the apartment and need somebody to access and release the apartment
  2. landlords who are owed back rent, and have had the apartment sealed.
  3. any individuals or institutions who are owed money from the Decedent and who want to file a claim against the estate
  4. any individual or institution who is involved in a lawsuit and needs to have the Estate substituted in as either a Plaintiff or Defendant in the lawsuit.

What is a Creditors’ Petition? 

A creditors’ petition is a legal action initiated by creditors to recover outstanding debts from the assets of a deceased individual’s estate. Indeed a creditor can file a petition with the Surrogate’s Court to request the appointment of a fiduciary who will manage the estate and distribute the available funds to the creditors in an orderly and fair manner.

In New York, the Public Administrator is a governmental official responsible for handling the estates of individuals who have passed away without a will (intestate) or when there is no one else willing or eligible to serve as the estate administrator. 

The Public Administrator acts as a neutral party and ensures the proper administration of the estate, including identifying and locating heirs, protecting assets, paying debts and taxes, and distributing the remaining assets according to the laws of intestacy.

How To File a Creditor’s Petition for the Appointment of the Public Administrator: 

When a creditors’ petition is filed, and it is determined that the deceased person’s estate does not have a qualified administrator or executor, the Surrogate’s Court may appoint the Public Administrator as the estate administrator. This appointment ensures that the estate’s assets are managed efficiently and transparently, providing protection to both the creditors seeking repayment and any potential beneficiaries.

In order to Petition for the Appointment of the Public Administrator, you will need:

  1. Original or Photocopy of Decedent’s Death Certificate, or, proof of death if you do not have a copy of the document

  1. Petition for Letters of Administration. The petitioner will be the creditor and the person for whom letters will be sought will be the Public Administrator. Indeed, a creditor is considered a person interested in the decedent’s estate  pursuant to SCPA 103[39] may petition for Letters of Administration to the Public Administrator of New York County or another person (SCPA 1001[8]). The creditor will then have to prepare the full petition, including listing out all of the distributees (or Decedent’s next of kin). 

  1. Affidavit in Support. Certain Surrogate’s Courts will require the petitioner to submit an affidavit setting forth petitioner’s interest, need for an estate fiduciary, and due diligence used (UR 207.16[d]) to ascertain the decedent’s distributees and persons named in a Will of decedent. Satisfactory due diligence may include:
    1. Inquiry of death certificate informant, decedent’s relatives, neighbors, friends.
    2. Examination of court filings, building records, online funeral home obituaries, internet search resources

  1. Citation – This will ensure that the Court has jurisdiction over all necessary people.
  1. Proposed Decree

  1. Court Filing Fee

  1. Self Addressed Stamped Envelope

Duties and Responsibilities of the Public Administrator:

Once appointed, the Public Administrator assumes various duties and responsibilities, including:

  1. Locating and securing the deceased person’s assets: The Public Administrator must conduct a thorough search to identify and safeguard all the assets belonging to the estate, including bank accounts, real estate, investments, and personal belongings.
  2. Notifying creditors: The Public Administrator must notify known creditors about the decedent’s passing and the probate proceedings. Creditors are given an opportunity to file their claims with the court within a specified time frame.
  3. Evaluating and paying debts: The Public Administrator is responsible for reviewing and validating creditors’ claims. They determine the legitimacy and priority of these claims and make payments from the estate’s assets accordingly.
  4. Asset distribution: If the estate has sufficient assets after paying debts, the Public Administrator distributes the remaining assets according to New York’s intestate succession laws, which outline the order of priority for distributing assets among the deceased person’s relatives.
  5. Reporting to the court: The Public Administrator is obligated to file regular reports with the Surrogate’s Court, providing updates on the progress of the estate administration, including asset inventories, financial statements, and a final accounting.

Benefits of Commencing a Creditor’s Petition

Although it may be onerous to commence a creditor’s petition because you have to provide the Court with all of the information about the Decedent’s next of kin and you have to do the research to ascertain the next of kin, some of the benefits of commencing the petition include:

  1. Having the apartment returned sooner (If you are a landlord)
  2. Being able to file a Claim against the estate (Once the fiduciary is appointed)
  3. Expediting the process of recovering owed assets from the Decedent’s estate.
  4. Having a fiduciary who can lean out the apartment so you can rent it out again (If you are a landlord).
  5. Have the Public Administrator appointed to substitute for the named Defendant in your lawsuit so that your action can continue.

Conclusion: 

A creditors’ petition in New York can lead to the appointment of the Public Administrator as the estate administrator when there is no qualified individual to fulfill this role. The Public Administrator’s primary responsibility is to ensure the orderly distribution of assets to creditors and potential heirs while following the laws of intestacy. Their impartiality and expertise in estate administration help to maintain fairness and transparency throughout the process. If you find yourself involved in a creditors’ petition or the estate administration process, consulting with an experienced attorney can provide invaluable guidance.

For more information, please contact NYC Probate Litigation, Guardianship, NYC Probate and Estate Planning attorney Regina Kiperman:

Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com

Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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