Legal Question in Wills and Trusts in New York
father's estate
as far as i know, my father did not leave a will. how do i, as his next of kin, and sole surviving son, go about getting legally name executor of his estate?
2 Answers from Attorneys
Re: father's estate
I concur with Rudy, that if you are the closest surviving relative, you are entitled to be appointed as Administrator of the estate. Administration is intestacy (Dying without a Will) probate. You will need an original Death Certificate, a family tree, and if there were a spouse who died married to your father, an original Death Certificate for her also. If there were a divorce, you might need a copy of the Judgment of Divorce. If you had siblings who predeceased your father, you might need Death Certificates for them as well. Finally, you will need to know the approximate size of your father's probate estate (assets he owned individually and not jointly or with a designated beneficiary, like life insurance or a retirement account) as you will need to be bonded as part of your appointment. The Surrogate will explain all of this to you.
Re: father's estate
You would make an application to the Surrogate's Court where your father resided to be appointed Administrator of his estate.