When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In New York, when a person dies intestate (without a valid will), the Surrogate's Court appoints an administrator to manage the decedent's estate. The administrator is typically a close relative of the decedent, but if no relative is willing or able to serve, the court may appoint someone else who is qualified. The appointed administrator must sometimes post a bond, especially if they are not a domiciliary of New York State, to protect the estate's assets. The bond amount is determined by the court and is based on the value of the estate. Once appointed, the administrator receives letters of administration, which grant the authority to collect the decedent's assets, pay debts and taxes, and distribute the remaining assets according to New York's intestate succession laws. These laws dictate the order of inheritance, prioritizing spouses and children, followed by other relatives. The administration of the estate may be supervised by the court, which requires the administrator to file periodic reports and seek court approval for certain actions. Whether the administration is supervised or unsupervised, and whether a bond is required, depends on the specific circumstances of the estate and the court's discretion.