Same
Authority.
Different
Path.

There is no will in an intestate estate — that’s the definition. The court appoints an administrator from the statutory priority list: surviving spouse first, then adult children, then parents, then siblings. If the highest-priority person declines or is disqualified, the court moves down the list. Multiple people at the same priority level can be co-administrators. In practice, the family usually agrees on who should serve and files a consent — avoiding a contested appointment proceeding at Erie County Surrogate’s Court.

If the named executor cannot serve — due to death, incapacity, or declination — the court appoints a successor. Most well-drafted wills name a successor executor for exactly this situation. If no successor is named, the court appoints from the statutory priority list used for intestate administration. The replacement receives the same Letters Testamentary as the original executor would have — and has identical authority to sell estate real property with court approval.

New York law prefers that the administrator be a NYS resident, but the court has discretion. Non-resident administrators generally face stricter bond requirements and may need to appoint a process agent within NYS. In practice, an out-of-state administrator can manage an Erie County estate through a local estate attorney who handles court filings, communication with the Surrogate’s Court, and coordination with NCB on the real estate closing. See: Out-of-State Executor Guide →

Yes — the executor is bound by the will’s distribution instructions and cannot deviate. However, the executor has discretion over the means of administering the estate: they can decide when to sell the property, how to sell it (NCB vs. listing), how to manage estate assets during administration, and how to resolve creditor claims. The what (who gets what percentage) is fixed by the will. The how and when (how to sell, when to distribute) involves the executor’s fiduciary judgment.

Generally yes — intestate administration typically adds time because: all heirs must be identified and served, the bond is rarely waivable, and the appointment process itself is more involved. For the property sale specifically, the court approval process is identical whether the seller has Letters Testamentary or Letters of Administration. The additional time is in getting to the Letters document — not in the subsequent sale approval. NCB holds our offer firm throughout the longer intestate process.

As soon as possible — ideally when the petition for Letters of Administration is filed, not after Letters are issued. NCB can provide a preliminary offer estimate and begin our property assessment while the court process proceeds. Once Letters of Administration are issued by Erie County Surrogate’s Court, we have a formal written offer ready immediately. This parallel approach is particularly valuable in intestate estates where the overall timeline tends to run longer. Call (716) 557-7005.