Important New York Surrogate’s (Estate) practice tip for Intestate Estates
You can find New York estate distribution laws in EPTL 4-1.1 – 4-1.6 (https://www.nysenate.gov/legislation/laws/EPT/A4P1). However, if you want to be in charge, that is more difficult. This is because not everyone who inherits under EPTL is able to petition for letters of administration. To be eligible to petition, you also need to be a pretty close relative aka next of kin. Relatives who are able to petition are: a) spouse, b) children, c) grandchildren, c) parents, d) siblings, e) aunts and uncles, in that order. Everyone else will need to request their local friendly Public Administrator (see SCPA 1001). Good luck and thank you for reading!!