New York Probate Lawyer Blog
For many years the New York Probate Lawyer Blog has published articles regarding the settlement of a New York estate. When a person dies and leaves a Last Will and Testament, the Will must proceed through the probate process to become validated and enforceable. A probate petition is filed in the appropriate Surrogate’s Court and next of kin (“distributees”) are given notice through a Citation as to their rights to accept the document or contest the Will.
When a decedent fails to have a Will, he is deemed to have died intestate. According to Surrogate’s Court Procedure Act (SCPA) Section 4-1.1 entitled “Descent and distribution of a decedent’s estate” a priority list of individuals is named who are determined to have the right to inherit the estate assets. Similarly, SCPA Section 1001 provides a similar priority list of the persons who have the right to be appointed as the Administrator of the estate. Demonstrating that you have the statutory right to inherit and/or be appointed as the estate fiduciary is imperative regarding your ability to be involved in intestate estate affairs.
For example, I have represented clients as a New York estate lawyer for more than 40 years. During that time, I have encountered many individuals who maintained long-term relationships with a Decedent but were not related by blood such as a companion or friend. However, since the Decedent did not leave a Last Will, such individuals have no standing as a distributee to share in the estate or even act as an Administrator. Such a situation exists despite the fact that a Decedent may actually have been estranged from his blood relatives.
The New York laws are strict in this regard. In order to file and process a Petition for Letters of Administration an individual needs to present proof of kinship in an affidavit form to the Surrogate’s Court. In may cases determining the kinship of a decedent can be very difficult. Distant family relatives may live or have lived in different States or Countries. Proof in the form of birth, death and marriage records may be required. The services of professional genealogists can be obtained to assist with finding lost heirs or establishing a family tree. In some cases, where the closest next of kin are cousins, proof of kinship needs to be shown for both the maternal and paternal sides of a Decedent’s family.
The purpose of the necessity to provide meticulous kinship documentation is to prevent fraud and insure that a Decedent’s distributees as provided in the estate laws are the persons who actually receive the estate assets. Sometimes a kinship hearing is needed.
Not all States apparently are as diligent as New York in protecting heirs rights. Recently a situation was discovered in Washington State whose laws allowed unrelated third-parties to petition the Court to be appointed as estate administrators. According to an article appearing at King 5. Com by Natalie Swaby on January 27, 2026 entitled “Lawmakers push to close probate loophole after strangers seized control of 200 estates”, the State Attorney General discovered a years long operation whereby third-parties improperly obtained millions of dollars of estate assets.
While the New York Laws and procedures can at times appear onerous and archaic, the goal is to protect estates from fraud and provide family members with their rightful family inheritance.
I have represented clients in administration and probate cases in New York for over 40 years. Do you have an estate question. 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 Estate 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 Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has questions regarding these matters, please contact me at (212) 355-2575 for initial free consultation.