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The New York State Surrogates Court Procedure Act (Section 1310) allows the surviving spouse and certain relatives of a deceased person to collect a benefit without court administration. New York State Surrogates Court Procedure Act (Section 1310) does not apply to every situation.
In the case of an Executor, the estate is distributed in ance with the Will. An Administrator distributes an estate ing to the laws of intestate succession-i.e. to the decedents statutory next-of-kin.
Under Article 13 of the SCPA, small estate petitions can only be opened to administer personal property such as bank accounts.
Who may become a voluntary administrator? A. If the decedent died without a Will, the right to act as voluntary administrator is given first to the spouse and then, in order of preference, to an adult child or grandchild, parent, brother or sister, niece or nephew or aunt or uncle of the decedent.
When someone who doesnt own a lot of assets passes away, voluntary administration might be an option. Its basically a simplified version of probate for small estates.
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VOLUNTARY ADMINISTRATION or SMALL ESTATE PROCEEDING may be used when a fiduciary is needed to transfer estate assets (personal property only) and the value of the assets does not exceed $50,000, exclusive of property set off under EPTL 5-3.1. This is a legal proceeding and you may need the assistance of a lawyer.
What is voluntary administration? An insolvency procedure where an external administrator is appointed because the company is in financial trouble. The voluntary administrator is appointed by either: the directors after they have decided the company is or is likely to become insolvent.
New York law allows families of persons who die with personal property having a value of $50,000 or less to collect money and property of the decedent (the person who died) without court administration.

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