What is a voluntary administration proceeding?

When it comes to handling a loved one’s estate after they pass away, a multitude of issues may arise, from distributing their assets to settling a dispute between family members. In Jamaica, and across New York State, there are a plethora of issues that may be unique to a family’s situation and every case is different. For example, handling the probate process can be very different for those who are managing a small estate in comparison to those who are responsible for a sizable estate. However, it is essential for the administrator of any estate to ensure that they approach the probate process correctly.

According to the New York State Unified Court System, voluntary administration proceedings  are filed when decedents pass away and have less than $30,000. Also known as a small estate, voluntary administration proceedings do not require a will, so long as the decedent had less than $30,000 worth of personal property. However, when decedents own real estate or homes that are only in their name, they do not have small estates.

During voluntary administration proceedings, voluntary administrators are appointed by the Surrogate’s Court. When the decedent did not have a will, the voluntary administrator will be the closest heir. However, those who are listed as the executor on a will become the voluntary administrator. Voluntary administrators are required to gather and distribute the assets of an estate.

This post was written to provide helpful information concerning voluntary administration proceedings and should not be seen as a substitute for legal advice.