If my mother died, how do I become administrator to sell her house?

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If my mother died, how do I become administrator to sell her house?

The mortgage com[any will not talk to me until I have an executive letter from our county court. I have 4 brothers and they are all OK with me being administrator. Is there a form for all to sign so I can get the letter from the court?

Asked on February 16, 2012 under Estate Planning, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to file an administration proceeding since she had no will. You have to file a petition to be named the administrator of the estate. Each of your siblings can file a consent to you being named administrator of your moms estate. Once you have the petition and consent filled out, you go to the Surrogates Court and file the documents and there is a fee based on the value of the estate. Within a few days you will have your letters administration and can begin the process of selling the house. Go to the NEw York Unified COurt System website and hit the link for libraries. It will bring you to forms for Surrogates Court. Print out the form for a petition for administration  


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