Surrogate’s Court Procedure Act § 1005: Notice of Application for Letters of Administration

The process for appointing a person to manage the estate of a deceased person is somewhat different in cases where the decedent passes away without a will compared to cases where the decedent passes away with a will. If there is a will, typically the decedent would have named in the will the person he (or she) wanted to manage his estate. That person is referred to as the executor. In the absence of a will, certain eligible, interested persons have the right to ask the New York Surrogate’s Court to be appointed estate administrator. However, before the Surrogate’s Court will appoint anyone estate administrator, a specific process must be followed. If you would like to be appointed estate administrator and have questions about the requirements of Surrogate’s Court Procedure Act § 1005, Notice of application for letters of administration, contact an experienced a New York intestate succession lawyer at the Law Offices of Stephen Bilkis & Associates who will help ensure that you follow the requirements of New York estate law.

1. Petition;  persons entitled to petition for appointment of an administrator: Surrogate’s Court Procedure Act, § 1002
2. Failure to qualify: Surrogate’s Court Procedure Act, § 1006
3. Administration de bonis non: Surrogate’s Court Procedure Act, § 1007

Anyone interested in being named estate administrator must file a petition a petition with the New York Surrogate’s Court that has jurisdiction over the matter. As part of the process the judge may require the petitioner to let every distributee of the decedent’s estate know that he or she is petitioning to become estate administrator.

Under the rules of intestate succession, the distributees would include the legal heirs of the decedent as follows:

• Surviving spouse. If there is a surviving spouse, the he or she would be the sole distributee of the decedent’s estate.
• Children. If the decedent is survived by children, and not a spouse, the children are entitled to 100% of your estate and would be the distributees of the decedent’s estate.
• Surviving spouse and children. If the decedent is survived by children and a spouse, the children and the spouse are both distributees.
• Parents. If the decedent is survived by parents, but not by a spouse or children, then the parents are the distributees of the entire estate.
• Siblings. If the decedent is survived by siblings, but not by a spouse, children, or parents then the siblings are the distributees.

If you have questions related to who is entitled to a distribution of a loved one’s intestate estate, discuss your concerns with an experienced intestate succession attorney in New York.

The notice issued to the distributee must contain the following information: All of the names by which the intestate decedent was known, that the petitioner is applying to be appointed administrator, that a decree will be issued appointing the petitioner, the names and addresses of each petitioner and each distributee, that no other distributees exist, and the date that the letters of administration will be issued. The law also requires that you have proof of sending the notice.

To ensure that the notice prepared in a manner that is consistent with the requirements of New York law, contact an experienced New York intestate succession attorney.

1. Before making a decree granting letters of administration on any application therefor the court may require the petitioner or any other person seeking such letters to serve by mail a written notice of the application upon every distributee of the intestate who has not been required to be served with process and who has not appeared in the proceeding or waived service of process therein.
2. The notice shall be entitled in the proceeding and shall state:
   1. each and every name of the intestate known to the person giving the notice,
   2. the fact that letters of administration on the estate have been applied for by petitioner,
   3. that a decree will be made granting letters and to whom,
   4. the names and post-office addresses of petitioner and of each and every distributee set forth in the petition,
   5. that no other distributees are known to exist,
   6. that letters will issue on or after the date fixed in the notice.
3. The original notice shall be filed with proof by affidavit of the mailing of copies thereof.

Estate administration can be complicated as it requires strict compliance with procedural requirements. To ensure that your petition, notices, and other filings are completed properly, contact an experienced intestate succession attorney serving New York at the Law Offices of Stephen Bilkis & Associates. We have decades of experience successfully representing clients in matters related to the administration of estates, including appointment of administrators for intestate estates. If you have concerns related to the administration of an intestate estate including the requirements of New York SCPA section 1005, Notice of application for letters of administration, or any other estate or trust matter, contact one of our attorneys at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Long Island, Nassau County, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Suffolk County, and Westchester County.