Can a Person Residing Outside the United States Become an Administrator or Executor of a New York Estate?

The administrator or executor of a New York estate has the duty of managing the estate assets, approving and denying claims made against the estate and distributing estate assets. The administrator or executor is considered the personal representative of the estate of a New York decedent. A personal representative must be over the age of 18 years and a legal U.S. resident or U.S. citizen. The probate of a New York decedent’s estate must be filed in the State of New York and cannot be done where the co-administrator or executor resides if they reside in another state other than New York.

It is not unusual for circumstances to arise where family members probate a New York loved one’s estate when they do not live in the United States. It is possible for someone who lives outside the United States to become a co-administrator with a New York probate and estate attorney as co-administrator. The family will usually contact an attorney to act as the co-administrator of the estate and to handle the routine duties of a personal representative. Such duties may include filing the probate with the New York Surrogate’s Court, attending Court hearings, handling estate tax matters and making sure that all deadlines are met so that the estate assets can be distributed to the heirs and beneficiaries and the probate can be wound up and closed.

When you hire an attorney to act as the co-administrator of your deceased relative’s estate, it is not necessary for the co-administrator to come to New York to attend to probate matters such as appearing at probate hearings or other meetings. The attorney can take care of most matters and correspond with the co-administrator via email, regular mail, telephone or fax.

A New York probate and estate attorney represents executors, administrators, heirs, beneficiaries and interested parties to a New York estate in connection with routine probate and estate matters, estate litigation and tax matters. An attorney can explain the New York probate process to you and guide you through the various stages as well as provide you with an estimated timeline so that you understand the different deadlines and filings that must be done in order to wind up a loved one’s New York probate estate and make sure that the heirs receive their rightful inheritances.

If you wish to speak to a New York estate attorney, call the Law Offices of Albert Goodwin at (212) 233-1233