Estate Administration Lawyer in New York City

As part of our Estate & Family Planning practice, we guide families through estate administration — the legal process that applies when someone dies in New York without a will. The Surrogate's Court appoints an "Administrator," typically a close family member, who is granted Letters of Administration authorizing them to collect the deceased person's assets, pay outstanding debts, and distribute what remains according to New York's intestacy laws — a fixed legal order of who inherits, rather than the personal wishes of the person who passed.

Here’s how this typically works in New York:

1. File a petition in Surrogate's Court in the county where your loved one lived, along with the death certificate.
2. The court issues Letters of Administration, formally naming you (or another family member) as Administrator.
3. The Administrator identifies and notifies all heirs, then inventories the estate's assets.
4. Outstanding debts and expenses are paid, and what remains is distributed according to New York's intestacy laws.

• Right after a loved one passes away without a will, before any assets can be legally accessed or distributed
• When a bank or other institution requires Letters of Administration before releasing funds
• When multiple family members disagree about who should serve as Administrator
• When the estate includes debts, creditors, or other complications that need to be sorted out properly
• As soon as possible — delays can complicate access to accounts, property, and time-sensitive matters