Legal Question in Wills and Trusts in New York

No Will Located Upon Death

My father passed away on monday 5/11/09 and we couldnt locate a will. My brother and I are his only living heirs. We will be named co-administrators. But my family is pushing for us to be (or name) the Executors of the estate. Can we do that without a will? We don't know if he filed one or not. My brother and I are unsure what can be done since we have no will.


Asked on 5/20/09, 10:46 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: No Will Located Upon Death

If there is no Will, then there can be no Executors. In the absence of a Will, Administrators are appointed to attend to the payment of debts and distribution of assets to heirs.

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Answered on 5/20/09, 10:55 am
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: No Will Located Upon Death

You are correct in that you and your brother would be appointed the co-administrator's of the estate. The term "executor" is only used when there is a Will. If a person dies without a Will then the term "administrator" is used. However, the powers and duties of an executor and administrator are identical. I would suggest that you consult with an attorney to discuss your rights and obligations. You may contact me, if you wish.

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Answered on 5/20/09, 10:56 am


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