Estate Administration Without a Will

When a Brooklyn resident dies without a valid will, the estate is settled through administration rather than probate. The Kings County Surrogate’s Court appoints an administrator, and the assets pass to the decedent’s relatives according to the intestacy rules of the Estates, Powers and Trusts Law (EPTL). These cases arise often after an Article 81 guardianship, where an incapacitated person never executed a will — or executed one that cannot be located or proven — before death.

Who May Serve as Administrator

The Surrogate’s Court Procedure Act (SCPA) sets a priority order for appointment. The surviving spouse has first priority, followed by children, then grandchildren, parents, siblings, and more distant relatives. When the decedent was previously a ward, family members who served as or fought over the guardianship frequently find themselves competing again over who should administer the estate.

Letters of Administration

The eligible relative files a petition for letters of administration, identifying the distributees and the approximate value of the estate. Other distributees with equal or higher priority must consent or be cited. Once appointed, the administrator receives letters of administration — the authority to collect assets, pay debts, and distribute what remains.

How Intestate Property Is Distributed

EPTL 4-1.1 controls who inherits. If the decedent leaves a spouse and children, the spouse takes the first $50,000 plus one-half of the balance, and the children share the rest. If there is a spouse and no children, the spouse takes everything. If there are children and no spouse, the children share equally. The statute continues down the family tree to parents, siblings, and beyond.

The Spousal Right of Election

Even in intestacy, the surviving spouse’s protections matter. Under EPTL 5-1.1-A, a spouse is entitled to an elective share — the greater of $50,000 or one-third of the net estate — and the elective share interacts with intestate distribution and with certain transfers the decedent made during life. Where assets moved during a guardianship, calculating the augmented estate becomes a critical, sometimes contested, exercise.

Transition From the Guardianship

If the decedent had an Article 81 guardian of the property, that guardian must render a final account and deliver the remaining assets to the administrator. Disputes commonly arise when the guardian’s records are incomplete, when significant gifts or transfers occurred late in the guardianship, or when the relative who served as guardian also seeks to administer the estate.

Settling the Estate

The administrator pays valid debts, addresses any estate tax obligations, and distributes the remainder under EPTL. The estate closes through informal releases from the distributees or a formal judicial accounting — the latter being advisable where former guardianship conduct or large lifetime transfers are in question.

Speak With a New York Estate Attorney

Intestacy shares, appointment priority, and elective-share math are technical and fact-driven. This is general information, not legal advice. Consult a licensed New York attorney about your family’s specific circumstances.