File to Be Administrator of Estate

When someone dies without a Will and leaves assets without a beneficiary designation, someone must file to administer the Estate.  An Administrator is the fiduciary of an estate of a decedent who died without a Will. In this post, we answer many of the questions you may have regarding the technical aspects of how to file to be Administrator of Estate.  

How do I File to be Administrator of Estate?

  1. You have to file a Petition to become Administrator
  2. Prepare and gather all supporting paperwork, including:
    1. an original death certificate;
    2. a copy of the paid funeral bill;
    3. a list of all of the assets and liabilities
  3. Give notice to all parties who are required to be given notice
  4. File all necessary documents in court
  5. Pay the filing fee

What Documents do I need to Prepare to be Administrator of Estate?

  1. Petition for Letters of Administration.
  2. Waiver and Consents from Distributees
  3. Citation from any Distributee who did not sign a Waiver and Consent
  4. Click Here for a Step by Step Guide

Estate Administration – Sample Affidavit of Assets and Liabilities (Brooklyn)

File to be Administrator of Estate

Can a Felon be an Administrator?

No. Under Section 707 of the Surrogate’s Court Procedure Act, felons are ineligible to act as fiduciaries of an estate.  Refer to Section 707 for a list of other individuals that are not eligible to become fiduciaries of estates.

Who Cannot be an Administrator of Estate in New York?

Click Here to learn more about how to choose a fiduciary.

Is there a filing fee to Become an Administrator of Estate?

Yes, there is a fee for filing a petition to become an executor or administrator.  The filing fee depends on the size of the decedent’s estate and is calculated pursuant to Section 2402 of the Surrogate’s Court Procedure Act, as follows:

How Long does it Take to Become an Administrator in New York?

The length of time it takes for the Court to issue Letters Testamentary (for estates with wills) or Letters of Administration (for estates without wills) depends on the complexity of the matter. Generally, for simple estates with few parties and fully ascertainable assets, the process can take between one to three months.  

However, where there are many parties involved and a lot of complicated issues surrounding the decedent’s assets, it can take anywhere from a few months to a year to get letters.

We can assist you with becoming an Administrator of an estate. 

For more information, please contact probate and estate planning attorney Regina Kiperman:
Phone: 917-261-4514
Email: rkiperman@rklawny.com
Or visit her at her location:
80 Maiden Lane
Suite 304
New York, NY 10038

Visit Regina on Google+

This post is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.