Petition To Set Aside Estate Without Administration In Queens
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Unsupervised probate, also known as independent administration, is a type of probate that does not require court supervision or approval for every action of the executor or administrator.
How Long Does it Take to Become Executor of a New York Estate? The short answer: 2 to 6 months. Typically 3 months. In the best-case scenario, getting your letters testamentary will take just 2 months.
If there is no Will, an Intestate Administration proceeding is filed. The court will then appoint an Administrator and he or she will have all of the powers of an Executor.
With a valid will, an executor is designated to handle the probate process, but without a will, instead of an executor, an administrator gets appointed. In New York, the closest living relative of your loved one will have to file for estate administration. This usually falls to the spouse or an adult child.
Your surviving spouse would normally be the first choice to be appointed administrator; however, s/he can sign what is called a “waiver of citation, renunciation and consent to appointment of administrator.” This means that someone lower on the priority list has asked the spouse to give up the right to be administrator ...
To file for letters of administration, you must be eligible to do so under New York State law. Eligible parties include the decedent's surviving spouse, children, grandchildren, parents, siblings, and other close relatives.
Letters of Administration will need to be obtained which requires filing a petition and many other documents with the Court. The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived.
If there is no Will, an Intestate Administration proceeding is filed. The court will then appoint an Administrator and he or she will have all of the powers of an Executor.
First publication must be at least 15 days before the hearing date. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient.