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Transfer of Property After Death without a Will Any adult member of the family can fulfill the role of an executor in the absence of a will.
If the court approves the petition, it will issue documents authorizing the petitioner to act as the executor. These documents are sometimes called "Letters of Authority," "Letters Testamentary," or "Letters of Administration." The documents will also include an order opening the probate case.
The petition for Letters of Administration is filed in the Surrogate's Court in the county where the decedent lived. For example, if the decedent lived in Manhattan, the papers are filed in the New York County Surrogate's Court which is located at 31 Chambers Street in New York City.
For an intestate estate, a probate court judge can select someone to perform these duties, or a loved one can fill the vacancy. That interested person must petition the probate court to appoint them as the estate administrator.
Form NHJB-2145-Pe, a Petition for Estate Administration, opens a case in New Hampshire's probate system. If the affiant has not yet been appointed the administrator of the estate and there is no other application, this will make the affiant an administrator.