Legal Question in Wills and Trusts in New York

Re: death with no will

You have to have an administrator appointed for the estate of the surviving parent. The administrator can then prepare an appropriate deed to distribute the property to the three surviving children. I strongly urge you to seek the guidance of a lawyer in this matter, however, if you try to do it alone you could speak to a clerk at the Surrogate's Court.

Re: death with no will

I agree with Norman as to the procedure required. This only applies to the estate of the survivng parent. Any of the children can be appointed, but those who desire not to must consent. Best is contact the Surrogate in the County as to what is required, what forms are needed and what fees are involved. I also suggest an attorney assist you in the new Deed, as many Counties have different requirements for recording a Deed.

Re: death with no will

Actually, if the only asset of the estate is the house you do not need to do anything. In the absence of a Will, real property passes to the distributees by operation of law. This means that you and your siblings already own the property and may sell it or record a deed in your names without court involvement.

Re: death with no will

You and your siblings can transfer the deed to a third party or yourselves as "sole heirs at law" with the use of an "affidavit of heirship". This is relatively inexpensive and quick. If you are selling it to a third party, most title insurance companies will insure this type of transfer without the need for a complicated probate or administration proceeding. Contact me if have further questions

Re: death with no will

Read the three prior responses. Rudolf is wrong, and Norman and Walter are correct. You would have to petition the Surrogate's Court to be the administrator of the estate. The administrator would then either sell the property or deed the property to the beneficiaries.

The only did a deed would pass by operation of law is if the children's name's were on the deed as joint tenants.

Mike.