In New York there is a rule about who can file administrative proceedings. In general, the person who is the closest distributor (family member) to the deceased requests administration. In a minor succession proceeding, the Surrogacy Court appoints a Voluntary Administrator. If there is a will, the executor of the will is appointed Volunteer Administrator.
If there is no will, the next of kin is called a Volunteer Administrator. The Surrogacy Court issues a certificate for each asset that is contained in the documents that the Volunteer Administrator collects and distributes in accordance with the law. You can become an estate administrator in New York when a person dies without a will, and you request and are appointed by the court as the trustee of a deceased person's estate. A person can only be an administrator if they are related to the person who died.
The spouse of the deceased gets a preference, followed by children, grandchildren, other descendants, parents, siblings, etc. In terms of their duties, there is no difference between an executor and the difference is the way they have been appointed. An executor is named in the will of a deceased person. If there is no will, a court appoints an administrator to administer or administer the decedent's estate.
A New York City estate planning lawyer can help explain their different roles. The court procedure for the appointment of an executor involves the legalization of a will. The court procedure for the appointment of an administrator is different, since there is no will involved. However, whether an administrator or executor is appointed, each of them has numerous powers and obligations with respect to the management of inheritance matters.
In the case of an executor, the estate is distributed according to the will. An administrator distributes an estate according to the laws of intestate succession, that is, in terms of your wishes, it is best to have a will and a designated executor that you know and trust. If you really want to prevent the Court from appointing an Administrator, then it's a good idea to appoint more than one Executor or an alternate Executor. Appointing a trustee in an intestate state in New York City can cause many complications, through which an attorney can guide you.
Subrogation Court filing procedures require that the Court be provided with kinship information that describes in detail the family tree of the deceased. It can be difficult to complete an affidavit of kinship, especially when the decedent has no close family members, such as a spouse or children. When the closest relatives of a deceased are unknown or very distant in relation, such as cousins, intestate administration can be handed over to the Public Administrator. As a government official in each county, the Court will appoint the Public Administrator as the Estate Administrator.
Another complication in Administration cases is that the Court may require an Administrator to post a bond to ensure the security of the assets of the estate. Most wills contain a provision that waives the requirement for a bond. As a New York City attorney, I have represented numerous clients in kinship matters and have many years of experience working with executors and administrators as they go through the estate settlement process. I like to succeed on behalf of a customer.
I work hard to help my clients resolve their legal issues successfully, especially if things looked bad at first. I also like working through the nuances of the details of a case, discovering something that initially didn't seem obvious, and understanding things that can't be controlled so that I can hear a happy client say, “Thank you so much, Jules. Complete the form and a representative from the firm will contact you to discuss your concerns in more detail. You can also contact me by phone at (21 355-2575) or by email to schedule an appointment with a New York City attorney to learn more about the Executor vs.
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