Legal Question in Wills and Trusts in New York

My sister didn't leave a will and did not have anybody for her executor. she only has her checking account as an asset. How can her children collect her estate?

Asked on 12/14/21, 8:45 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Children apply to Surrogate to be appointed as administrator of the estate. The children can appoint one of them or all can be appointed as co-administrators..

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Answered on 12/14/21, 9:59 am
Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your sister.

Depending on the size of your sister's checking account, you can either use the court's online "do-it-yourself" system for Small Estates, or file a Petition for Administration and choose one of your sister's brothers or sisters to be Administrator. And then you can collect the proceeds from the checking account; pay your sister's outstanding bills, reimburse whomever paid for the funeral, and the divide the remainder.

Once again, please accept my condolences on the loss of your sister.

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Answered on 12/14/21, 8:08 pm

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