Legal Question in Wills and Trusts in New York

Re: obtain executorship

Since your brother died without a Last Will & Testament, the process by which a fiduciary is appointed for the estate is called Intestate Administration. An Administrator needs to be appointed for the estate if the decedent died with assets valued at $30,000 or more. Since there is no Will appointing an Executor, the law sets forth who may be appointed Administrator. Usually, the Administrator will be, in order of preference, the spouse, the children, the grandchildren, the father or mother, the brother or sisters and so on.

The Administration proceeding is begun by filing an Administration petition with the Surrogate�s Court in the county in which the decedent resided. After jurisdiction has been completed and all issues have been addressed, the Court will issue Letters of Administration. This document gives the appointed Administrator the authority to act on behalf of the estate.

The role of the Administrator is the same as that of the Executor. He or she will be expected to liquidate and/or collect the assets of the estate, file and pay income and estate taxes, address creditor�s claims and make distributions according to the law of intestacy. Since the decedent died without a Will, the law governs how the estate is distributed.

If you would like to discuss this matter in more detail, feel free to call me.

Re: obtain executorship

If your brother lived in CT you can open an intestate estate (without a will) with the probate court in the town where he lived. You can ask the probate court to appoint you as the administrator.