When a business owner in Brooklyn dies unexpectedly, his two adult children are left with grief and an overwhelming responsibility. They know he owned his building, held investment accounts, and ran a successful company. What they do not have is a will. They assume that as his only children, the process will be simple. Instead, they discover their next year—or more—will be spent on the calendar of the Kings County Surrogate’s Court.
Dying “intestate”—the legal term for passing away without a will—means the state dictates the entire timeline of how your legacy is transferred. The process is public and designed to protect creditors and distant heirs, often at the expense of a family’s immediate needs.
The First Delay: Appointing an Administrator
Without a will, there is no Executor. A close relative must petition the Surrogate’s Court to be appointed as the “Administrator” of the estate. This is the first hurdle. If the children from our Brooklyn example disagree on who should take charge, or if a previously unknown heir appears, the process can grind to a halt before it begins.
The court requires the petitioner to notify every person who could have a legal claim to the estate under New York’s intestacy laws. This can involve genealogical research to locate distant cousins the family may not even know. Each of these individuals has the right to object to the proposed Administrator. This initial step alone can take months, during which assets are frozen and the family is left in limbo.
The appointed person becomes a fiduciary, with a legal duty to manage the estate prudently—a significant responsibility the deceased could have assigned to a trusted individual with a simple will.
The Seven-Month Creditor Window
Once the court issues “Letters of Administration,” a new clock starts. The Administrator’s primary duty is to identify and pay all of the decedent’s legitimate debts—credit card bills, mortgages, final medical expenses, and taxes.
New York law provides a formal waiting period for creditors. Under Surrogate’s Court Procedure Act (SCPA) §1802, creditors have seven months from the date Letters of Administration are issued to file a formal claim against the estate. During this period, the Administrator generally cannot make any distributions to the heirs. The entire estate is marshaled—assets are collected, inventoried, and appraised—but the family must wait.
This seven-month hold is non-negotiable. It protects creditors by ensuring the estate’s assets are not distributed before debts are settled. For the family, it is a mandatory delay, a period where they can see the assets but cannot access them.
Valuation, Conflicts, and the Final Accounting
The timeline often stretches well beyond seven months due to three factors: complex assets, family disputes, and the final accounting.
First, valuing assets can be difficult. A bank account has a clear value, but a privately-held business, a commercial building, or a collection of art requires formal appraisals. These take time and can be challenged by heirs, the IRS, or New York State.
Second, without the clear instructions of a will, families are prone to conflict. Disagreements arise over dividing personal property or selling the family home. When heirs cannot agree, the Administrator must seek guidance from the court, adding significant time and legal expense to the process.
Finally, before closing the estate, the Administrator must prepare a formal accounting of every dollar that came in and went out. This document is submitted to the court and all heirs for approval. If anyone objects, a hearing is scheduled. Only after all claims are paid, disputes are resolved, and the accounting is approved can the Administrator finally distribute the remaining assets. This entire process often takes a minimum of nine to twelve months. For complex or contested estates, it can take years.
A will is more than a document that distributes property. It is an instruction manual that provides clarity, appoints a trusted fiduciary, and shortens the time your family will spend under court supervision. If you are serving as an Administrator or wish to create a plan that avoids this process for your own family, the first step is a clear assessment of the assets, debts, and family structure. I invite you to schedule a confidential review with our firm to map out these details and establish a path for deliberate stewardship.
