Administration Petition Guide

The court order that gives authority to act for an estate is called Letters of Administration. Banks, title companies, government agencies, and other institutions usually will not let a family member act for the estate until the court issues letters.

Administration is different from probate. Probate is for a decedent who left a will. Administration is for a decedent who died intestate, meaning without a will.

This guide is general information, not legal advice. If there is disagreement among heirs, uncertainty about family relationships, missing distributees, or estate real property, speak with a licensed New York attorney.

Before preparing a full administration petition, check whether the estate may qualify as a small estate, also called voluntary administration. New York's current public guidance describes small estate treatment for estates with $50,000 or less in personal property.

Small estate treatment does not administer real property such as a house, land, or condominium. If the estate includes individually owned real estate, full administration or another court process may be required.

New York law gives priority to certain family members and interested persons. In many ordinary cases, the surviving spouse or adult children are first in line. If there is no spouse or child, the analysis moves to other distributees.

Priority can become complicated when there are half-siblings, children from prior relationships, non-marital children, predeceased heirs, missing relatives, or relatives living outside New York. These are the cases where a simple form packet often needs legal review.

If all necessary parties agree, they may sign waivers and consents. If they do not sign, the court may require a citation. A citation tells interested parties that someone has asked to be appointed administrator and gives them an opportunity to appear.

Service is not a formality. If a citation is served incorrectly, filed late, or not supported by a proper affidavit of service, the matter can be delayed.