Legal Question in Wills and Trusts in New York

I'm the only child

My father died in january in new york,I am his only child, he does have two siblings and he has never been married. He left no will, and I tried to close out his bank account, but the bank said I needed to be appointed administrator of his estate to do this. The amount in his account is only a few hundred dollars, and the legal cost for the appointment is about the same has his account balance. Is their any other legal means I can use to close the account without being appointed aministrator?


Asked on 4/25/04, 6:19 pm

4 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: I'm the only child

There is an available small-estate administration, that will cost less than the account balance, if that is the only asset. Call the Surrogate and describe the situation and request the forms. This should be able to be done through the mail. Since there is no Will, some administration is required to authorize you to close the account.

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Answered on 4/26/04, 1:46 pm
Norman Nadel Norman Nadel, Esq.

Re: I'm the only child

Yes there is. In New York you can be appointed as Administrator of a small estate. The cost is modest and the procedure simple.

Call the Administration Clerk in the Surrogate's Court in the County where your father lived and I am sure that you will get good help.

Remeber, Small Estate.

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Answered on 4/25/04, 8:28 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: I'm the only child

In NY, it cost $1.00 to file a small estate petition (under $20K). You can get the forms on line but you will need original or certified death certificate. You will need to list the bank account name/number/aprox amount. You can do it all by mail (contact Surrogate court).

Debra

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Answered on 4/25/04, 9:08 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: I'm the only child

I am sorry for your loss.

You are correct, the value of the estate makes hiring a lawyer non-cost effective. You can handle the entire estate without a lawyer pretty much by mail. Write to the Surrogates Court in Ny or, better, drive over to the one closest to you and find the 'clerk f the court'. The clerk will assist you and make it possible for you.

You are welcome to contact me with any specific questions for no fee.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/25/04, 10:07 pm


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