Legal Question in Wills and Trusts in New York

Re: How do I become an executor ?

I agree with Michael, but expand upon his answer. Presuming her husband is not alive, one of the children needs to apply to the Surrogate to be appointed administrator of her estate. While one can do this alone, it is better to have an attorney assist you, as bonding is required and additional forms and procedures need to be followed. Once appointed, the Administrator can deal with the house and mortgage issues, plus pay other bills and, finally, distribute whatever is left to the proper estate beneficiaries.

Re: How do I become an executor ?

If there is no will than an individual does not become an executor, but an administrator.

To become an administrator you must petition the Surrogate's Court. If you go to the Surrogate's Court you will be able to retrieve the proper forms. Most people use a lawyer for the administration petition.

Mike.