When a person dies intestate, or without having a Will the Surrogate must decide who will administer the estate. If you are the closest living relative of the decedent, you should visit the Surrogate's Office to make application for administration of the Estate.

Bring with you:

1. A death certificate with raised seal.

2. An estimate of the approximate value of the decedent's estate.

There will be a minimum $125.00 Administration fee, which includes one Certificate of Appointment of Administrator. Also, be prepared to make arrangements with a Surety Company for a bond, if necessary.

Your right to act as an Administrator is defined by law in the following relationship order:

FIRST - Spouse of the decedent

SECOND - Children of the decedent

THIRD - Parents of the decedent

FOURTH - Brothers and sisters of the decedent

FIFTH - Children of a deceased brother or sister.

IN SMALL ESTATES, ADMINISTRATION CAN BE AVOIDED

1. If there is no Will, the decedent is survived by a spouse, the estate is under $20,000.00 and held in the decedent's name alone and not held jointly with a living person, a "Surviving Spouse" affidavit can be issued by the Surrogate.

2. If there is no Will, the decedent is survived by heirs, the estate is under $10,000.00 and held in the decedent's name alone and not held jointly with a living person, a "next of kin" affidavit can be issued by the Surrogate to one of the surviving next-of-kin upon receipt of consent forms from all other surviving heirs. The Surrogate's Office will assist you in the procedures outlined in probating Wills, administering estates, and obtaining affidavits. Our office will supply the forms which must be filed and guide you in their proper completion. You may wish also to call on your attorney or the decedent's attorney for further advice.

After these forms have been completed and the requirements of the laws and rules have been met, the Surrogate will issue letters testamentary, letters of administration, or an affidavit. In any case, the duties of an executor, administrator, or an affiant (one who applies for affidavit) are similar. All must gather or collect the assets of the estate, pay all the debts and claims according to law, prepare and file all necessary tax reports, process the tax waivers and make a distribution of the remaining estate to the beneficiaries.

SOME OF THE DUTIES OF AN EXECUTOR AND/OR ADMINISTRATOR

1. Probate the Will or make application for Administration of the estate and receive "Letters Testamentary", or "Letters of Administration" from the Surrogate.

2. Take possession of personal property.

3. Take such immediate steps as are necessary for temporary protection of the estate- for example, make sure that fire insurance coverage on any real estate properties has not lapsed.

4. In some cases, advertise to bar creditors' claims after a certain date.

5. Investigate all claims against the estate to determine their validity.

6. Pay all the claims which are valid.

7. Determine the value of all real and personal property for tax purposes.

8. Have safety deposit box audited.

9. Collect any indebtedness due the estate.

10. Decide which assets, if any, should be sold to raise cash needed to pay claims, taxes and administration and other expenses.

11. Check all real estate for delinquencies in rents and taxes.

12. Compute accrued interest on bonds, notes and mortgages as of the date of death.

13. Gather and compile information for estate and inheritance taxes, including any taxes due in other States in which the decedent owned property.

14. Prepare and file any State Transfer inheritance Tax and/or Federal Estate tax return required from the executor.

15. Pay estate taxes within time prescribed by law to avoid penalties.

16. Prepare and file any Federal Income Tax returns for current year, one set of returns covering the period prior to death and another set covering the period after death.

17. Prepare informal accounting to be presented to heirs.

18. Obtain release and refunding bonds.

19. Distribute estate according to terms of the Will.

20. All of the foregoing must be attended to either by the executor in person or through such attorney, agents or other as the executor may employ. Selection of competent, skilled and dependable representation of this sort is one of the prime responsibilities of an executor.