Low-Cost New York Estate Administration Attorney: only $2,300

We at the Law Offices of Albert Goodwin offer a flat fee for estate administration. We have 15 years of experience and can take care of the process as quickly and efficiently as possible. You call us at 212-233-1233 or send us an email at [email protected] to get started.

Our fee covers the following services and documents:

• Advising the client what information and documents are needed
• Collecting the documents and information from the client
• Drafting documents and filing the documents with the court. The documents are listed below.
• Petition for Administration
• Oath and Designation
• Part 130 Certification
• Affidavit of Heirship, Sole Distributee and/or Family Tree
• Waivers of Citation, Renunciation and Consents to Appointment of Administrator
• Bond Affidavit (Affidavit of Assets and Liabilities)
• Proposed Decree for the Judge to Sign
• Request for Certificate of Appointment of Administrator

Our fee does not include the court fee, which depends on the value of the estate. The court fees start at $45 and can be up to $1,250. You can view the complete schedule of the court fees here.

We can only offer this flat fee where everyone consents to the process. In estates where there are disagreements, minor or disabled individuals or individuals who are unable to be located, a different fee will apply.

Here is a redacted image of New York letters of administration obtained by our law firm:

Here is a redacted image of a Certificate of Appointment of Administrator obtained by our law firm:

If you would like to get started with the process, you call us at 212-233-1233 or send us an email at [email protected]

What Estate Administration Means in New York

"Administration" in New York refers to the Surrogate's Court process used to settle the estate of a person who died without a will. It is the intestate counterpart to "probate," which is the process used when a will exists. The product of an administration proceeding is Letters of Administration, a court document that gives the administrator the authority to act on behalf of the estate. With those letters, the administrator can access bank accounts, sell real estate, file tax returns, and ultimately distribute the estate to the heirs.

Administration is needed whenever the decedent left assets in their sole name that require court authority to transfer. This includes bank accounts without named beneficiaries, brokerage accounts without TOD designations, real estate held in the decedent's name alone, vehicles, and personal property of value. Assets that pass by operation of law — jointly-held property, accounts with named beneficiaries, and trust assets — are not part of the administration estate and do not need court involvement to transfer.

Who Can Serve as Administrator

SCPA § 1001 establishes a priority order for appointment as administrator. The surviving spouse has first priority. If there is no surviving spouse, or the surviving spouse declines to serve, the priority moves to the decedent's children. After children come grandchildren, then parents, then siblings, then more distant relatives. Within each category, persons of equal rank have equal priority and the court can appoint any one of them or all of them as co-administrators.

If the priority candidates renounce, are disqualified, or cannot be located, the right to serve passes down the chain. At the end of the chain is the Public Administrator of the county, who serves where no qualified family member is available. The Public Administrator takes a statutory fee for service.

The Documents We Prepare

The list of documents above is what a complete administration filing requires. Each has a specific purpose:

• Petition for Administration. The main document that opens the proceeding. It identifies the decedent, the date and place of death, the heirs, the assets, and the proposed administrator.
• Oath and Designation. The administrator's sworn agreement to perform the duties of the role faithfully and to accept service of process in the county.
• Part 130 Certification. A certification by the attorney that the filings are not frivolous.
• Affidavit of Heirship. A sworn statement identifying the decedent's family members and establishing the family tree. This is critical evidence that the heirs identified in the petition are the correct heirs.
• Waivers and Consents. Documents signed by other heirs agreeing to the appointment of the proposed administrator and waiving their own right to be appointed.
• Bond Affidavit. A statement of the estate's assets and liabilities used by the surety company to determine the bond amount. The administrator must usually post a bond, which is a form of insurance protecting the heirs.
• Proposed Decree. The order the court will sign appointing the administrator.
• Request for Certificate. The form used to obtain the formal certificates that the administrator will present to banks and other institutions.

How Long Does Administration Take

An uncontested administration typically takes between two and six months from the time we are retained to the time Letters of Administration are issued. The biggest variables are how quickly the family can produce documents (death certificate, identification of heirs, asset information), how quickly waivers can be obtained from non-petitioning heirs, and how quickly the particular Surrogate's Court is processing filings.

The Manhattan Surrogate's Court tends to move faster than some of the outer-borough courts, which have heavier caseloads. The court attorneys review each petition for completeness and accuracy and will send back filings that have errors. Filings prepared by attorneys experienced in the process are more likely to clear review on the first attempt, which is one reason flat-fee work pays off relative to do-it-yourself attempts.

After Letters are issued, the actual administration of the estate — collecting assets, paying debts, distributing to heirs — can take another several months to over a year depending on the complexity. Real estate sales, tax filings, and creditor periods all add time.

Bond Requirements

Bond is generally required in administration cases unless the heirs agree to waive it and the court approves the waiver. The bond is purchased from a surety company and is essentially an insurance policy that protects the estate against the administrator's misconduct. The cost of the bond is paid from the estate and varies depending on the size of the estate and the administrator's credit and other characteristics.

For modest estates with cooperating heirs, the heirs often agree to waive the bond. This saves the bond premium and simplifies the process. The waiver has to be in writing, signed by each adult heir, and approved by the court. Heirs cannot waive the bond on behalf of minor or incapacitated beneficiaries; in those cases a guardian ad litem may need to be appointed.

Heirs Who Cannot Be Located

The flat fee applies when all heirs can be identified and located and all of them cooperate. When an heir cannot be found, the proceeding becomes more complicated. The court will require diligent efforts to locate the missing heir — searches of public records, contact with last known addresses, and sometimes publication of notice. If the heir still cannot be located after diligent search, the heir's share may be held in trust by the court or paid to the Comptroller pending the heir's appearance.

If the heir is a foreign citizen, additional rules apply. New York has special procedures for distribution to heirs in certain countries where the political situation makes it questionable whether the heir would actually receive the money.

Distributing the Estate

Once Letters are issued and the administrator has gathered the assets, the next step is paying debts and then distributing to the heirs in accordance with the intestacy rules. EPTL § 4-1.1 specifies the distribution priority for an intestate estate:

• Spouse and no issue: spouse takes everything.
• Spouse and issue: spouse takes the first $50,000 plus half of the residue; the children divide the other half by representation.
• Issue but no spouse: issue take everything by representation.
• No spouse or issue: parents take.
• No spouse, issue, or parents: siblings and the issue of deceased siblings by representation.
• And so on through more distant relatives.

Before distribution, the administrator pays the decedent's debts, the administration expenses, and any taxes owed. The administrator should not distribute the estate to the heirs until all known debts have been satisfied, because the administrator can be personally liable for distributing before paying creditors.

Closing the Estate

Most administrations are closed informally. After distribution, each heir signs a receipt and release acknowledging the amount received and releasing the administrator from further claims. Once all receipts are in hand, the administrator's job is complete. No formal court closing decree is needed in straightforward cases.

When the heirs are not all cooperative, or when there are disputes about the administration, a formal accounting may be necessary. The administrator files a petition asking the court to settle the account and discharge the administrator. The accounting goes through review by the heirs and, if approved, a final decree closes the estate.

When the Flat Fee Does Not Apply

The flat fee is designed for the typical, uncontested administration where all heirs cooperate. The fee structure changes when:

• There is disagreement among the heirs about who should serve as administrator or about how the estate should be handled.
• There are minor or incapacitated heirs requiring appointment of a guardian ad litem.
• There are heirs who cannot be located after reasonable efforts.
• The estate includes complicated assets such as closely-held businesses, foreign property, or significant litigation matters.
• A kinship hearing is needed to establish the identity of the heirs.
• The estate is contested by a person claiming to be an heir but whose status is disputed.

In any of those cases, we discuss the additional work and a revised fee arrangement before proceeding.