How to Change an Estate Administrator in New York Frequently Asked Questions

When an estate administrator or other fiduciary is appointed by the Surrogate’s Court, the judge will issue the fiduciary a document called letters. The court will issue letters only after it determines that the person who petitioned for the letters is qualified. Letters are conclusive proof that the person named therein has been appointed by the court and has the legal authority to take certain actions as fiduciary. As a New York probate lawyer will explain, there are many different types of letters. The letters will state the authority given to the fiduciary as well as any restrictions. In addition, the Surrogate’s Court may require the fiduciary to post a bond. If the fiduciary is unable to do so, then the court may revoke his or her letters.

If an estate administrator is no longer qualified to serve, or if he or she breaches his fiduciary duty, then the court on its own motion, or upon petition by an interested, can revoke the administrators letters.

Grounds for removing an estate administrator or executor include that the person is no longer qualified because he is not a resident of the United States, that he has become a convicted felon, or that he is under a legal disability.

Other reasons include that the administrator has wasted the assets of the estate or made unauthorized or improvident investments, damaged estate property, failed to notify the court of an address change, or removed estate property without prior court approval. In addition, failure without good cause to obey a direction of the court is grounds for removal.

There are also instances in which the term of the will direct that an executor’s service as executor would end upon the occurrence of a contingency. If you have questions related to the qualifications to be a fiduciary, or if your or concerned that a fiduciary in an estate matter in which you have an interest is no longer qualified, discuss you concerns with an experienced probate lawyer in New York.

Appointing a new administrator or executor after removal involves the same process as appointing the original administrator. Anyone wishing to be appointed must submit a petition to the Surrogate’s Court. If the person is eligible and meets the qualifications, the court will issue him or her letters.