Who Can Serve as Administrator of an Estate in New York?

When a family member passes away intestate (meaning, without a will) in New York, you may be eligible to serve as administrator to handle the estate. If you are considering commencing a proceeding with the Surrogate's Court to become the administrator of a loved one's estate, it helps to understand who is eligible to serve.

Who Has the Right to Serve?

New York law provides an order of priority for who can serve as administrator of a will. The court will typically give preference to family members of the deceased person in this order:

• The surviving spouse

• Adult children

• Parents

• Siblings

• More distant family, if necessary

It should be noted that if multiple people in the same category want to serve — for example, several adult children — the court may appoint them together or choose one person based on everyone’s consent or that person's ability to serve.

Basic Requirements

Anyone who wants to serve as administrator must:• Be over 18• Be a U.S. citizen or lawful permanent resident• Be able to manage the responsibilities of the role• Not have a felony conviction that would disqualify them• Not have a conflict of interest that would interfere with fair administration

In some cases, a non‑resident of New York can serve, but the court may require them to work with a New York co‑fiduciary.

Who Cannot Serve?

The court may deny appointment to individuals who:

• Have a history of dishonesty or misconduct

• Have a serious conflict with other beneficiaries

• Are incapacitated

• Are non‑citizens without a lawful presence in the U.S.

What if there are no family members who can serve?

If no eligible family member is willing or able to serve, the court can appoint the Public Administrator to administer the estate.

Need Guidance?

Choosing or petitioning for an administrator can be confusing, especially during a difficult time. As a New York trusts and estates attorney, I help families understand their rights, responsibilities, and options in Surrogate’s Court.

If you’d like help with an estate in New York, I’m here to support you.