New York State laws have created a framework for passing on property when someone dies intestate. Instead of a probate proceeding, the closest living relative of the decedent (the person who died) will have to file for estate administration. This generally falls to the spouse, children, parents, or siblings.
Assuming all the relevant documents have been filed, on average, it takes 3 to 6 weeks to receive a letter of administration in New York. If someone is contesting your right to administer the estate, this process could take years. Due to some recent budget cuts and other delays, wait times have slightly increased.
If any vacancy is caused by death or resignation of a director appointed by the shareholders in General meeting, before expiry of his Page 15 Appointment and Qualifications of Directors 14 term, the Board of directors can appoint a director to fill up such vacancy.
That interested person must petition the probate court to appoint them as the estate administrator. Once the probate court process is complete, the court-appointed representative is known as the "personal representative" of the estate.
When a director dies, the law requires that Companies House is notified on form TM01 within 14 days. This form can be filed online or by post. Once received, Companies House will update the public record ingly.
Each state has its own set of laws governing the probate process. For example, in California, probate must be filed within 30 days of discovering the will, while in Texas, executors have up to four years to file.
Steps to Become a Personal Representative of an Estate Understand Your Priority for Appointment. Determine the Proper Probate Court. Research the County's Filing Requirements. File the Petition for Administration. Notice of Petition to Administer Estate. File a Bond. Attend the Probate Hearing.