How a kinship proceeding unfolds
From the Public Administrator’s appointment to distribution of the estate in the New York Surrogate’s Court
1. Public Administrator (PA) is appointed
Appointed by the Surrogate’s Court of the county where the decedent lived, when no one else can serve as administrator.
2. PA administers the estate
Locates and secures assets, pays debts, expenses and claims, and files tax returns.
3. We build the proof
We assemble a complete genealogical record so we are ready to present it in Stage II.
Typical duration. Queens County: approximately 12 to 20 months. All other counties: approximately 2 to 3 years.
4. PA files the Accounting
The PA files the accounting to settle the estate. Alleged heirs must prove their rights, or the funds will go to the City of New York (NYC counties) or the State Comptroller (other counties).
5. We file Objections
Formal papers opposing the PA’s plan to turn the decedent’s funds over to the City or the State.
6. Hearings are scheduled
The Objections cause the judge to set the matter down for a trial, for the purpose of determining who the rightful heirs are. The trial will include several court hearings.
A Referee, a staff attorney of the Judge, presides over the case like a judge, in a trial format. In some counties (Nassau), the Judge presides over the hearing instead of appointing a Referee. We must prove that our clients are the closest living relatives. At the hearings we present:
7a. Testimony
From family members or others with personal knowledge of the family. Only testimony can close a class (e.g., showing that a person had five children and not six).
7b. Due diligence testimony
If family testimony is insufficient, we can present the testimony of an expert witness (a genealogist) who testifies on their research and conclusions.
7c. Documentary evidence
Following the witnesses: certified copies of birth, death, marriage, naturalization, immigration, court and other records that support the testimony.
8. Guardian ad Litem report
The Guardian ad Litem is appointed by the court to represent potential unknown heirs. They will file a report with a recommendation to the Judge on whether we have proven our case.
9. Referee’s report, or Decision by the Judge (depending on the county)
In some counties the Referee files a report with a recommendation to the Judge on whether we have proven our case. In other counties, the Judge makes a Decision guided by the GAL report and evidence from the record.
10. PA submits a proposed Decree
The PA presents a proposed Decree to the Judge to sign, settling the estate and listing our clients as heirs.
11. Judge signs the Decree
The Decree settles the estate and declares our clients to be heirs of the estate.
12. Final bookkeeping
The PA is now authorized to pay the inheritance, and typically completes final bookkeeping and minor updates to the account before sending out checks.
13. Check is received
We deposit it into our attorney escrow account, deduct the legal fee and send the balance to the client.