No Will - Administration 

Please reference a no will-administration form.

Administering an estate in New York when there is no will, known as "intestate succession," follows a specific legal process. Here are the detailed steps:

1. Determine the Need for Administration:

Evaluate the estate’s assets to determine if formal administration is necessary. Small estates may qualify for a simplified process.

2. Identify the Appropriate Administrator:

New York law establishes a priority order for who can serve as the estate’s administrator. Typically, the closest surviving relatives (spouse, children, etc.) have the first right to apply.

3. File a Petition for Administration:

• The prospective administrator files a Petition for Letters of Administration with the Surrogate’s Court in the county where the decedent lived.
• Submit the decedent’s death certificate and other required documentation.

4. Notify Heirs and Creditors:

• Heirs-at-law (those who inherit under state law) must be notified of the administration proceedings.
• Publish a notice in a local newspaper to inform potential creditors about the estate administration.

5. Court Appoints the Administrator:

If the court approves the petition, it issues Letters of Administration, officially appointing the administrator.

6. Inventory and Appraise Estate Assets:

The administrator identifies, collects, and appraises all estate assets, including bank accounts, real estate, personal property, etc.

7. Manage the Estate:

The administrator may need to open an estate bank account, manage real estate, and handle other administrative tasks.

8. Pay Debts and Taxes:

• Legitimate debts and expenses of the estate are paid. This includes funeral expenses, outstanding bills, and taxes.
• File the decedent’s final personal income tax returns and any estate taxes due.

9. Distribute the Remaining Assets:

• After debts and expenses are paid, the remaining assets are distributed to heirs according to New York’s intestacy laws.
• Intestacy laws determine heirs based on familial relationships: spouse, children, parents, siblings, etc.

10. Final Accounting and Discharge:

• The administrator prepares a final accounting of all estate transactions.
• Once approved by the court and heirs, the administrator is discharged, officially concluding the estate administration.