Kinship Glossary

A photo showing a family with people from multiple generations

Terms and Definitions (New York) 

  • Administration Proceeding: In New York State, this is a legal process where a person, appointed by the Surrogate’s Court, collects, manages, and distributes the assets of a person who dies without a valid will (intestate).
  • Closing the Class: The requirement to identify and account for every single living relative who shares the exact same level of relationship to the deceased.
  • Contingency-Fee Basis: An arrangement where the law firm charges fees only if they successfully recover assets, typically taking a percentage of the inheritance. 
  • Forensic Genealogist: A professional researcher who investigates complex family histories, tracks down missing relatives, and compiles expert reports for the court.
  • Guardian ad Litem (GAL): A lawyer appointed by the Surrogate’s Court to protect the interests of any missing or unknown heirs.
  • Heir: A person who has a legal right to inherit from a deceased person’s estate when they die without a will.
  • Intestate: When a person dies without having a valid Last Will and Testament.
  • Kinship (Direct Connection): The biological (blood or genetics) or legal (marriage or adoption) relationship a person shares with the deceased.
  • Kinship Proceeding (Cousins’ Case): A formal legal process used by the court to determine and prove who is entitled to inherit when someone dies without a valid will.
  • Lineal Priority (First in Line): The legal rule requiring proof that no closer living relatives exist on either the maternal or paternal side of the family with a prior right to inherit.
  • Public Administrator (PA): A county office in New York that takes charge of and manages an estate when no known family members are available.
  • Surrogate’s Court: The specialized New York State court that handles the administration of a deceased person’s estate, wills, and kinship proceedings.
  • Testate: When a person who dies leaves behind a written, legally executed Last Will and Testament.

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