Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

What is estate administration after intestacy in New York?

Not everyone in New York takes the necessary steps to have an estate plan. There can be many reasons for this, but, regardless of why it happened, it is important for the family left behind to know how the law handles intestacy. After the person has died, there will be an estate administration proceeding. Knowing the basics of this is imperative as the family deals with the decedent's estate.

With administration, the Surrogate's Court will issue letters of administration to those who are eligible to receive the decedent's property. The assets the decedent had will determine how the proceeding moves forward. If the only assets the decedent had were real property, an administration proceeding may not be necessary. This will depend on the surviving heirs. Based on the law, the distributees - the heirs who stand to inherit the property - will automatically own it.

Only certain people can file for administration in New York. The closest heir will be the one who files in most cases. This individual will file a copy of the funeral bill, the certified death certificate, a petition for letters of administration, and other important documents. This will be done in the Surrogate's Court where the decedent resided. All heirs must be listed in the petition. The Surrogate's Court can determine who will be involved in the case. The distributees will be informed that there has been an attempt to get letters of administration to manage the estate.

The distribution of assets can be complicated if a person has died without a will. Understanding how New York handles administration in such a case and what variables might be applicable can be difficult. A legal professional who specializes in estate administration can be of assistance with any matter that comes up with estate planning, probate and inheritance.

Source: nycourts.gov, "Administration," accessed on May 8, 2018

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: