Probate (Wills) and Intestacy

Q: Who will get ownership of my deceased loved one's assets?

Jointly held assets in New York will pass automatically to the surviving joint owner. Other assets may pass to designated beneficiaries. In addition, if a person died with a valid will, his or her individually-owned property will be distributed according to the will.

A person who died without a valid will is said to have died "intestate." In this case, his or her property will be distributed according to the intestacy laws of the state where the deceased resided. Generally, a spouse, children, or parents will receive the assets.

My loved one left behind a will. What do I need to do?

The will should name an executor. The executor's job is to collect the assets, pay the deceased's debts, and distribute any remaining assets according to the provisions of the will.

Once the executor has been determined, that person must then file a Petition for Probate and Letters Testamentary. A form of this document can be found at www.courts.state.ny.us/suroform/sfindex.htm or at any Surrogate's Court (see below for the address for the Surrogate's Court nearest you). The Petition for Probate and Letters Testamentary must be filed along with the original will and death certificate in an appropriate Surrogate's Court. The Petition for Probate and Letters Testamentary lists pertinent information about the deceased and his or her family, debts, and assets. Usually this filing must be done in the Surrogate's Court in the deceased's home county; however, by special order, this can now be done in any Surrogate's Court that is most convenient for the executor.

Once the Letters Testamentary have been granted, the executor has the authority to and may begin to make the proper distributions to the beneficiaries of the estate.

What if I know that my loved one left a will, but I cannot find it?

Check with the attorney who prepared it. That attorney may have retained the original, or at least a copy. In certain cases, a copy can be probated if the original cannot be found.

My loved one did not leave behind a will. What do I need to do?

If no will has been left behind, an administrator of the deceased's estate will need to be appointed to disburse the assets of the estate and to pay any outstanding debts (such as taxes, bills, loans). The appointed administrator will be selected in the following order (assuming the potential administrator is competent and is at least 18 years old):

• surviving spouse;
• children;
• grandchildren;
• parents;
• brothers or sisters; or
• any other distributee (heir).

The proposed administrator must file a Petition for Letters of Administration in an appropriate Surrogate's Court along with a death certificate (or if no death certificate has been obtained, an affidavit may suffice). This, too, may be done in the county most convenient for the proposed administrator. Similar to the Petition for Probate and Letters Testamentary, this Petition lists pertinent information about the deceased and his or her family and assets.

Once the Letters of Administration have been granted by the Surrogate's Court, the administrator of the estate has the authority to and may begin to make the proper distributions to the beneficiaries of the estate in accordance with the laws of intestacy.

What if I am applying to be appointed the Personal Representative for purposes of the September 11th Fund of my deceased loved one, will that suffice?

No. In order to be appointed as the administrator of your loved one's estate, you must file a petition in Surrogate's Court. See the September 11th Victim Compensation Fund Section of this Handbook for further information on being appointed the Personal Representative.

Where are the Surrogate's Courts?

Petitions for Probate and Letters Testamentary and Petitions for Letters of Administration may be filed at the following locations either by mail or in person:

Bronx County
Honorable Lee H. Holzman
Surrogate's Court
851 Grand Concourse
Bronx, NY 10451
(718) 590-3611

Dutchess County
Honorable James D. Pagones
Surrogate's Court
10 Market Street
Poughkeepsie, NY 12601-3203
(845) 486-2235

Kings County
Honorable Michael H. Feinberg
Surrogate's Court
2 Johnson Street
Brooklyn, NY 11201
(718) 643-5262

Nassau County
Honorable John B. Riordan
Surrogate's Court
262 Old Country Road
Mineola, NY 11501
(516) 571-2082

New York County
Honorable Eve Preminger
Honorable Renee R. Roth
Surrogate's Court
31 Chambers Street
New York, NY 10007
(212) 374-8233

Orange County
Honorable Elaine Slobod
Surrogate's Court
Surrogate's Courthouse
30 Park Place
P.O. Box 329
Goshen, NY 10924
(845) 291-2193

Putnam County
Honorable Robert E. Miller
Honorable James T. Rooney
Surrogate's Court
Historic Courthouse
44 Gleneida Avenue
Carmel, NY 10512
(845) 225-3641 ext. 293, 295

Queens County
Honorable Robert L. Nahman
Surrogate's Court
88-11 Sutphin Boulevard
Jamaica, NY 11435
(718) 520-3713

Richmond County
Honorable John A. Fusco
Surrogate's Court
Courthouse
18 Richmond Terrace, Rm. 201
Staten Island, NY 10301
(718) 390-5400

Rockland County
Honorable Alfred J. Weiner
Surrogate's Court
Courthouse
18 New Hempstead Road
New City, NY 10956
(845) 638-5330

Suffolk County
Honorable Gary J. Weber (Acting Surrogate)
Surrogate's Court
320 Center Drive
Riverhead, NY 11901
(631) 852-1745

Sullivan County
Honorable Frank J. LaBuda
Honorable Burton Ledina
Surrogate's Court
Government Center
100 North Street
P.O. Box 5012
Monticello, NY 12701
(845) 794-3000 ext. 3450

Ulster County
Honorable Joseph J. Traficanti, Jr.
Surrogate's Court
240 Fair Street
P.O. Box 1800
Kingston, NY 12402-1800
(845) 340-3348

Westchester County
Honorable Anthony A. Scarpino
Surrogate's Court
140 Grand Street
White Plains, NY 10601
(914) 995-3712

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