When someone passes away, questions often arise about who has legal authority to handle their assets and estate. At Katzner Law Group, we help families navigate this complex area of law with clarity and understanding. One of the most important things to know is that a power of attorney ends when the person dies. From that point, new legal authority is required to manage the assets of a deceased individual (aka, the estate).

In this article, we will explain what happens when someone dies without a Last Will and Testament in New York, who can take over control of the deceased person’s estate, how to become an administrator, and what documents (such as letters of administration) are required.

Does a Power of Attorney Continue After Death?

No. A power of attorney (POA) grants someone the legal authority to act on behalf of another person (the principal) during their lifetime. However, once the principal dies:

• The agent’s authority under the POA terminates immediately.
• The agent cannot use the POA to manage or distribute the decedent’s assets. A new process is required.
• If someone continues acting after the decedent’s death under the POA, they may be engaging in wrongful or even fraudulent activity.

In other words, the power of attorney may help while the person is alive or incapacitated, but it does not give you power over their estate after death. That responsibility shifts to the executor (if there is a will) or an administrator (if there is no will).

Who Gets Legal Authority Over the Estate Without a Will?

When a person dies without a will in New York, they are said to have died intestate. Because there is no named executor, the court must appoint someone to manage the estate. This person is called an administrator.

How It Works:

1. Filing a Petition for Administration
   Someone (often a close relative) files a petition with the Surrogate’s Court in the county where the decedent lived.
2. Order of Priority
   New York law sets a precedence list for who gets appointed. Commonly this order is:
   • Surviving spouse or domestic partner
   • Adult children
   • Parents
   • Siblings
   • Other family members or interested parties.
3. Court Review
   The court reviews the petition and decides whether to appoint the proposed administrator. The court looks for someone who is willing and able to serve.
4. Letters of Administration Issued
   Once appointed, the administrator receives Letters of Administration which give legal authority to act on behalf of the estate.

The administrator’s duties are similar to an executor’s: collecting assets, paying debts, filing tax returns, and distributing the assets of the estate according to New York’s intestacy laws.

This situation becomes even more critical when minor children are involved, since courts may need to address not only estate administration but also types of guardianship for minors, including information on New York and California, to ensure that a child’s care and legal protection are properly established alongside the estate process.

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How to Become Administrator of an Estate in New York

Becoming an administrator involves several nuanced steps:

1. Locate the decedent’s assets and debts
   Before filing, gather as much information as possible about the decedent’s property, bank accounts, retirement plans, and creditors.
2. File a petition with the Surrogate’s Court
   You will file a form requesting appointment as administrator. The court typically requires:
   • Affidavit of service or notice to interested parties
   • Decedent’s death certificate
   • Proposed administrator’s consent and bond (if required)
3. Serve Notice
   Known heirs and creditors must be notified about the administration petition. This gives them a chance to object.
4. Receive Court Approval
   Once the court reviews the documents and no valid objections arise, an order is issued appointing the administrator.
5. Obtain Letters of Administration
   These letters are the official court documents that authorize you to act for the estate.
6. Administer the Estate
   • Inventory the assets
   • Pay legitimate claims and taxes
   • Distribute the remaining assets to heirs under New York’s intestate succession rules
   • Provide accounting and final report to the court

This entire process is guided by the court’s oversight to ensure fairness and legal compliance.

What Are Letters of Administration and Why Do You Need Them?

Letters of Administration are court-issued documents that give the administrator the legal power to act on behalf of the deceased person’s estate.

Why they matter:

• Financial institutions, title companies, and government agencies will not release assets without proof of legal authority.
• These letters confirm the administrator’s authority to manage or liquidate property, settle debts, distribute assets, and handle tax obligations.
• Acting without these letters can expose the person to personal liability for mishandling estate property.

In short, you cannot lawfully manage the estate if you only hold a power of attorney; you need Letters of Administration (or, if there is a will, Letters Testamentary) to proceed.

Final Thoughts

If a loved one has passed and there is no Last Will and Testament, the process of gaining legal authority over the estate can feel overwhelming. But with the right guidance, it can be managed calmly and correctly. Here are some key takeaways:

• A power of attorney ends upon death and does not and cannot give you authority over the estate.
• The court must appoint an administrator when there is no Last Will and Testament.
• Letters of Administration give the administrator legal authority to act.
• Following the correct court process protects you from liability and ensures the estate is properly handled.

If you’re involved in administering an estate or wondering about your legal rights after a loved one’s death, the experienced team at Katzner Law Group is here to help. Visit our contact page or call us at 855‑528‑9637 to schedule a consultation. We will guide you through the entire process, ensure that court filings are correct, and help you fulfill your role with confidence and clarity.