New York Probate Lawyer Blog
In an earlier blog-post on April 25, 2025 in the New York Probate Lawyer Blog, the role of a Public Administrator was examined. As discussed in the post, the Public Administrator is a government agency in New York City. Each New York City County has a different Administrator whose role is to handle estates of decedent’s primarily where there is no other person available or qualified to do so. This situation arises most commonly where an individual dies without any known next of kin or the only known heirs are cousins or more distant relatives.
There are many additional situations in estate matters in the New York Surrogate’s Court where the appointment of a Public Administrator may occur. Another likely situation is where estate litigation is pending and various parties cannot agree to the appointment of an estate fiduciary. Similarly, it may appear in a particular case that a person who was otherwise a possible appointee cannot or should not serve as an Executor or Administrator due to a conflict or other disqualifying factor. Also, in some estates the Court may require that the appropriate fiduciary file with the Court a Surety bond as security for his appointment. If the individual is unable to qualify for a bond due to poor financial credit or some other reason, it may be necessary to have a Public Administrator act as Administrator or Executor since the public official does not need to be bonded.
Recently, there have been a number of Surrogate’s Court cases where the Court has resorted to the appointment of a Public Administrator to facilitate estate settlement. In a Manhattan estate case entitled Will of Magdalini Jacobs, decided by Manhattan Surrogate Hilary Gingold on May 29, 2025, the Court appointed the Public Administrator of New York County to administer a decedent’s estate. In Jacobs, the decedent was survived by two daughters one of whom petitioned the Court to be appointed as Administrator c.t.a. The non-petitioning daughter objected to her sister’s appointment and questioned certain post-death actions by the Petitioner. At a Court conference, neither party would consent to the appointment of the other and alleged that the other party was unfit to act as a fiduciary. In view of this circumstance, the Court appointed the Public Administrator as Temporary Administrator in the interest of justice.
In another recent Manhattan estate case entitled Estate of Theodore Cohn, decided by Manhattan Surrogate Hilary Gingold on May 29, 2025, the Court appointed the Public Administrator in the place and stead of the acting Preliminary Executor. In Cohn, there was a proceeding to revoke preliminary letters or to require an accounting and the posting of a bond. As this matter proceeded, the Preliminary Executor was found to have acted outside the parameters of his authority and failed to follow various Court orders which required him to file an account and to post a bond. As a result, the Court revoked the Preliminary Executor’s letters and appointed the Public Administrator as Temporary Administrator.
Estate and Surrogate’s Court cases can be complicated. Guidance from an experienced New York trust and estate lawyer can be essential to protecting a person’s interests. I have been representing clients in all types of cases such as Probate, Administration, Accountings, and Kinship proceedings throughout New York for over 40 years. Do you have a question regarding an estate or a Last Will? Call me now for a free confidential review. We offer 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 mew at (212) 355-2575 for an initial free consultation.