In essence, in the event a person owned assets such as bank or financial accounts, real estate or other similar items in his name alone, then an estate fiduciary is necessary to access and collect these items. If a decedent had prepared a Last Will and Testament, then the Will must be probated in the appropriate Surrogate’s Court. Typically, the person named as Executor in the Will initiates the probate process. When a Will is admitted to probate, the Executor receives Letters Testamentary which show his official authority to act on behalf of the estate.
In situations where there is no Will, Letters of Administration can be applied for from the Surrogate’s Court by individual next of kin who have priority under the estate laws to be appointed as Administrator. The persons who are entitled to receive a share of an estate are also the next of kin who have statutory priority.
Sometimes no formal estate is needed or established. This occurs when all of a decedent’s assets pass automatically to another. Examples of this include jointly owned property such as real estate with rights of survivorship and assets where there is a named beneficiary such as life insurance. Typically, all that is needed to collect these items is a valid death certificate to be presented by the survivor or beneficiary.
While the above situations involve the straightforward collection of particular assets, there may be additional circumstances not so apparent which require the appointment of an Administrator or Executor. For instance, a decedent may have been involved in a business or financial transaction which was incomplete upon death such as the purchase of property pursuant to an outstanding contract. A fiduciary may be needed to complete or to terminate the matter on behalf of the deceased party. Also, a person may have been involved in a lawsuit or legal proceedings which cannot continue without the appointment of an estate fiduciary to act in the place and stead of a deceased party. This was the situation in a recent Suffolk County Supreme Court case entitled Catania v. Salanitro decided by Justice Thomas F. Whelan on August 6, 2025. In Catania, the decedent had commenced an action in Court due to a motor vehicle accident. Upon the death of the decedent-plaintiff the action was stayed pending the appointment of a fiduciary to stand in the place of the decedent. After a period of time, the case was dismissed because an estate representative was not appointed within a reasonable period of time following the death and no reasonable excuse for the extended delay was provided.
As can be seen from Catania, the need for the appointment of an estate fiduciary and estate settlement can take many forms. I have been representing clients regarding the appointment of Executors and Administrators in the New York Surrogate’s Courts for over 40 years. Do you have a question regarding an Estate or Surrogate’s Court matter? 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.