Kinship Proceedings (a.k.a. “Public Administrator” cases) in New York
Did someone contact you about an inheritance in New York?
If someone recently notified you about an inheritance in New York, that message may have come from an heir search company (AKA genealogy and research companies). Fanning & Hughes, PLLC is not an heir search company – we are a dedicated estate litigation law firm. We represent family members directly in the New York State Surrogate’s Court to establish their legal right to an inheritance.
While heir search companies track down potential heirs and often outsource the actual legal work to third-party attorneys, we handle every aspect of your inheritance case in-house. The attorneys you speak with and get to know at our law firm are the same attorneys who represent you in court and guide you through every step of the process.
Q. What is a New York kinship proceeding? (proving your inheritance right in court)
A. When someone dies without a Will, their estate – meaning everything they owned – goes to their closest living relatives (their heirs) under New York State law. If those relatives aren’t known, the Court determines who the heirs are through a kinship proceeding.
These cases typically arise when a Public Administrator (PA) takes charge of an estate. Public Administrators are county offices that handle estates when no one else is available to do so. The PA does not know who the heirs are. If no heir proves a claim in court, the estate’s funds are deposited with the City or State of New York as abandoned property.
Q. What will I have to prove?
A. As the family member making the inheritance claim, the law places the legal burden of proof entirely on you. To successfully secure your inheritance, you must present sufficient evidence to the court establishing three specific elements:
- 1. You Are First in Line (Lineal Priority)
You must prove that no closer living relatives exist who would have a prior legal claim (i.e., a right to inherit the money before you). For example, if you are a cousin, you have to prove that the person who died left behind no surviving spouse, children, grandchildren, siblings, nieces, nephews, or parents. If even one of those closer relatives is alive, they inherit the money instead of you. - 2. The Exact Number of Relatives at Your Level (Closing the Class)
You must identify the exact number of people who share your exact level of relationship to the deceased person and prove that no other heirs exist. Because the Surrogate’s Court divides the estate equally among eligible relatives at your level, every single co-heir (such as every living cousin) must be accounted for before the court will distribute any money and close the estate. - 3. Your Direct Connection (Kinship)
You must prove that you have a biological relationship (related by blood/genetics) or legal relationship (like marriage or adoption) to the person who died. The court will require official records like birth certificates, marriage licenses, or adoption papers to prove you are actually related.
This strict standard applies even if you have already provided your family details to the Public Administrator. In nearly all kinship matters, a formal court hearing and decision by the Judge is required to distribute the estate.
Q. What does the hearing involve?
A. The kinship hearing is a formal trial held before a Surrogate’s Court Judge or Referee. Because proving your right to inherit requires strict adherence to New York rules of evidence, specific burdens of proof, and firm deadlines, this is the phase of your case where having an experienced attorney matters most.
During the hearing, evidence is typically presented through:
- Live Witness Testimony (meaning relatives or individuals with personal knowledge of the family tree testify under oath in a courthouse).
- Certified Records and Documents: we introduce a comprehensive genealogical record to the court, which often includes:
- Vital Records: Birth, marriage, and death certificates
- Historical Records: Census records and estate files
- International Documents: Foreign vital records if your family immigrated
Because family histories often stretch back over a century and span multiple continents, these cases can be highly complex. Resolving “unknown” or missing heirs often requires partnering with a professional forensic genealogist who will conduct exhaustive research and present an expert report to the court.
Q. Who will be in the courtroom?
A. In addition to your trial attorney, the courtroom will typically include:
- The Judge or Referee: This is the official who presides over the hearing, evaluates the evidence, and issues the ultimate ruling.
- The Public Administrator’s Attorney: An attorney representing the county’s Public Administrator’s (PA) office – the office that administered the estate.
- A Guardian ad Litem (GAL): This is a lawyer appointed by the Court to protect the interests of any missing or unknown heirs. The Guardian ad Litem will critically review the evidence to ensure that no heir is left out.
- The New York State Attorney General: A representative may appear in Court to safeguard the interests of the State, as unclaimed funds ultimately go to the government.
Important: Kinship hearings are adversarial proceedings. The opposing lawyers will cross-examine your witnesses and look closely and critically at your evidence.
CHOOSING THE RIGHT REPRESENTATION
Q. How is our law firm different from the heir search companies?
A. The key differences come down to three things: how we work, who actually handles your case, and what it costs. Here is how we compare:
| Heir Search Companies | Law Office of Fanning & Hughes | |
| Fees | Often charge high “finder’s fees” which can take a large percentage of your inheritance. | You pay nothing unless we win. |
| Legal Representation | Are not law firms. They perform research and often outsource the legal work to third-party lawyers. | We handle 100% of your legal case in-house. |
| Jurisdiction & Focus | Often based out-of-state or internationally | Based in New York. We have focused heavily on New York Surrogate’s Court for over 25 years. |
We know the New York Surrogate’s Courts inside and out, having helped hundreds of families successfully secure and protect their inheritances.
Q. What are your legal fees?
A. We represent kinship clients on a strict contingency-fee basis. This means there is no fee unless we win:
- $0 Upfront: You pay nothing out of pocket to retain our firm or initiate your claim.
- No Hourly Bills: We cover the ongoing litigation costs while your case is active in court.
- Tied to Your Success: Our legal fee is a pre-agreed percentage deducted solely from the inheritance money we successfully recover for you. If we do not recover assets, you owe us nothing.
Q. What should I do next?
A. If you received a letter from a county Public Administrator, a formal citation from a New York Surrogate’s Court, or an inquiry from an heir search company, do not sign any agreements before speaking to an independent attorney.
Contact the Law Office of Fanning & Hughes to find out if you qualify for an inheritance. One of our New York estate attorneys will review your documentation and answer your questions in a free, confidential consultation.
You can reach our law firm at (718) 261-3290 or email us at Fanning@FHLawOffice.com