Administration Proceedings in Absence of Will
Administration Proceedings in Absence of Will
Identifies the proposed Administrator and the relationship of that party to the Deceased.
Identifies the Deceased, including date and place of death.
Provides a preliminary estimate of the total value of the assets for which Administration is sought.
Identifies the closest living family members of the Deceased according to the statutory formula.
Identifies any debts that are currently known to the Petitioner.
The Petition seeks a Decree issued by the Surrogate Judge, to the effect that the individual seeking appointment as Administrator shall be authorized to act as such.
As with probate cases in which a Will exists, the law in New York State once again invites – it does not encourage, but the law does invite – a challenge to the appointment of the Petitioner as Administrator in every case. As with probate cases, the challenge can be obviated by the execution of a Waiver and Consent, in the presence of a notary, by every family member who stands to inherit any of the Decedent’s property or assets under the statutory formula for what is referred to as Intestate Distribution, or who might have the same standing as the Petitioner to be appointed Administrator of the Estate. The Waiver and Consent is a declaration that the signer accepts the appointment of the Petitioner to be the Administrator.
As with a Probate Petition, the complete Administration Petition package entails multiple other documents and procedures, depending upon the rules of the particular County in which the proceeding is being initiated. At LacherLaw, we begin each Administration engagement with detailed discussions of the family dynamics of our clients, as well as the anticipated assets that will be distributed at the end of the proceeding. Then we prepare the necessary documents and arrange for filing with the Court. We follow the statutory requirements for those instances in which one or more family members refuse to sign a Waiver and Consent. We represent our clients in the event of any dispute and, if our client receives appointment as Administrator, we conclude the matter with Releases and/or a final Accounting as appropriate.
If you have lost a loved one or close family friend under circumstances in which there is no Will, you cannot navigate the Administration process on your own. Schedule an appointment with David Lacher and we will be privileged to assist you through this difficult time.