Legal Question in Wills and Trusts in New York
Voluntary administrator of small estate
Does the voluntary administrator of a small estate have to be the surviving spouse or can it be an adult child of the deceased?My parents lived in NY all their lives. My mother passed away intestate, but no probate was needed because all assets were in joint names with my father.Mother bought land in Florida before marriage.It is now worth no more than
$15,000.She never changed deed to add my fathers name, so Probate is Needed. Lawguru database says go to local NY county surrogate court, file petition to be voluntary administrator of small estate for purpose of ancillary administration in Fla, then contact Fla court. NY forms say it can take 6-9 months in NY. Father,in failing health has made all his assets joint to avoid probate.(has will-just in case)If he dies before petition is granted then we have to start over.Can I as son of deceased mother petition to be administrator in NY, then proceed with Fla ancillary administration, then use quitclaim deed to put my name on Fla property, or does father as surviving spouse have to be listed as voluntary administrator? Are there time limits to commence petition? Thank you.
1 Answer from Attorneys
Re: Voluntary administrator of small estate
Your father has to waive his right to be the administrator. Simple form, not a big deal. In NY, no time limit for filing, but sooner the better.
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