Legal Question in Wills and Trusts in New York

Re: no will

The closest heir, either the surviving spouse, or in the absence of a spouse, an adult child would apply to the Surrogate's Court in the county of the decedent's residence for Letters of Appointment as Administrator of the estate. Be aware that a bond must usually be filed.

If you need assistance, do not hesitate to contact me.

Re: no will

Once you are certain that there is no Will, someone in the family must make application to become the Administrator of your father's estate. If his wife is alive, she would have the right; if there is no wife, or she does not want to be Administrator, someone else may do this, with the consent of the other family members who are closest in kinship to your father.

I would recommend that you retain an attorney in the county in which your father resided, because the probate process can be a bit daunting.