Frequently Asked Questions

What is the Public Administrator?

Who may act as a personal representative?

In cases where there is no named executor to carry out the provisions of a will, the New York Surrogate's Court Procedure Act Section 1001(1) provides that:

What Is An Estate?

Duty To Notify The Public Administrator Of A Death

What Are The Responsibilities Of the Public Administrator?

1. Location of Beneficiaries and Heirs: When it appears that no one with a higher authority is acting to handle a decedent's estate, it is the duty of the Public Administrator to make a diligent search for a will and the names and addresses of heirs. If a will is found, the named executor is notified.
    If no will is found, then the Public Administrator will give notice to known distributees of the decedent to determine if they are willing or able to handle the estate. If there are no heirs or the heirs are unable or unwilling to act, the Public Administrator may handle the disposition of the estate.
2. Possession of Assets: If no personal representative has been appointed, the Public Administrator has the responsibility to take prompt possession or control of the property of a decedent. All assets of a decedent's estate are brought under the control of the Public Administrator when a determination is made that the Public Administrator will handle the estate.
3. Payment of Debts: The Public Administrator tries to ascertain the debts of each estate and notify all known creditors. Creditor's claims are sent out and a minimum of seven months is allowed for creditors to file a claim against the estate before the estate can be closed.
4. Sale of Personal and Real Property: The Nassau County Public Administrator liquidates all property from estates in order to pay the debts of those estates and make proper distribution.
    All real property, jewelry, automobiles, and boats are sold at public auctions.
5. Distribution of Assets: The Public Administrator must attempt to distribute the assets of an estate to those who are entitled to inherit them. When there is no will, the proper order of those persons who are entitled to inherit an estate's assets is listed in the Estates Powers and Trust Laws 4-1.1. However, determining who is entitled to inherit what and locating those individuals can be very time consuming.
    In some cases those entitled to inherit have passed away. In other cases there may be no current address for heirs or beneficiaries of a will located among the decedent's possessions. These problems can drastically slow down the time of distribution.

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Categories Of Estates Handled By The Public Administrator

1. Small Estates
   1. Estates not exceeding $30,000.00 in value. The Public Administrator may act without court authorization to marshal and distribute the assets of these estates pursuant to Surrogates Court Procedure Act.
   2. Estates valued at $30,000.01 and above. The Public Administrator may act after receiving Letters of Administration.
2. Accountings
   1. Small Estates under $30,000 are closed by informal accountings to the interested parties.
   2. Formal Estates $30,000 and over are closed by judicial accounting. Notice is given to all interested parties and submitted to the Surrogate for court approval.

How Can I Report A Death to the Public Administrator?