Legal Question in Wills and Trusts in New York
My sister didn't leave a will and did not have anybody for her executor. she only has her checking account as an asset. How can her children collect her estate?
2 Answers from Attorneys
Children apply to Surrogate to be appointed as administrator of the estate. The children can appoint one of them or all can be appointed as co-administrators..
Please accept my condolences on the loss of your sister.
Depending on the size of your sister's checking account, you can either use the court's online "do-it-yourself" system for Small Estates, or file a Petition for Administration and choose one of your sister's brothers or sisters to be Administrator. And then you can collect the proceeds from the checking account; pay your sister's outstanding bills, reimburse whomever paid for the funeral, and the divide the remainder.
Once again, please accept my condolences on the loss of your sister.