When there is no Will, the first point of reference is Estates, Powers and Trusts Laws section 4-1.1 entitled “Descent and distribution of decedent’s estate”. This statute, which this Blog has discussed on many occasions, provides for the priority order of a decedent’s heirs who are entitled to inherit the estate. On examination, such list of heirs may seem simple to determine. However, in many estates, the determination of heirship or kinship can be complicated. Kinship hearings and other forms of estate litigation may be involved. A recent Manhattan Surrogate’s Court case entitled “Estate of David Lee Faulkner” decided by Manhattan Surrogate Rita Mella on July 24, 2025 provides an example of various intestate issues affecting the appointment of an estate administrator.
In Faulkner the Court had received three separate petitions for Letters of Administration. Since the decedent was not survived by a spouse, it was necessary to determine the identity of the decedent’s children. Two of the applicants were non-marital children. As a result, these individuals needed to satisfy EPTL section 4-1.2 entitled “Inheritance by non-marital children”. In Faulkner a hearing was held and these individuals were able to prove by clear and convincing evidence that the decedent had openly and notoriously acknowledged that they were his children.
Upon further investigation it was learned that the decedent was also survived by grandchildren who were the children of a pre-deceased child. While the identity of these heirs or distributees was a step toward a fiduciary appointment, the Court still needed to determine which of these persons should be appointed as Administrator. The Court then examined Surrogate’s Court Procedure Act section 1001, entitled “Order of priority for granting letters of administration”. This statute expressed that the decedent’s children had priority to appointment over the grandchildren. Once this hurdle was met there remained a dispute between the two children as to which of them should be appointed. This a common problem in many estates where heirs or distributees cannot agree on who should serve as the estate fiduciary. After examining all of the facts and evidence, the Court determined that one of the children had more involvement with the decedent during life and more information about assets. Thus, the Court exercised its discretion and appointed this child as Administrator.
As can be seen from Faulkner, proceedings for the appointment of an estate administrator can be complex. The assistance of an experienced estate lawyer may facilitate the process with the Surrogate’s Court. I have been representing clients in Administration and Probate and other estate and Guardianship cases for over 40 years. Do you have a question regarding an estate? Call me now for a free confidential review of your issue. We provide reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.