Frequently Asked Questions
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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:«back to questions
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- Location of Beneficiaries and Heirs:
- Possession of Assets:
- Payment of Debts:
- Sale of Personal and Real Property:
- Distribution of Assets:
- Small Estates
- 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.
- Estates valued at $30,000.01 and above. The Public Administrator may act after receiving Letters of Administration.
- Small Estates under $30,000 are closed by informal accountings to the interested parties.
- 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.
Is there a fee for a creditor who files a petition with the Surrogates Court seeking the appointment of the Nassau County Public Administrator as Administrator of a decedent’s estate for a limited purpose?
For estates in which a creditor files a petition with the Surrogates Court seeking the appointment of the Nassau County Public Administrator as Administrator of a decedent’s estate for a limited purpose and the Nassau County Public Administrator is actually granted Letters of Administration, the Office of the Public Administrator, prior to its appointment as Limited Administrator of such estate, is authorize to charge to such creditor a fee of $1,000.00 to reimburse it for the reasonable and necessary expenses of its office, including its representation by counsel. Click the dates to see Court Order dated 9/21/1990 and 1/2/2002.