• The Public Administrator is an agency of the City of New York. Each of the boroughs in the City of New York has its own Office of the Public Administrator. The Bronx County Public Administrator handles the estates of Bronx County residents who die without a will and no one else is eligible or willing to administer the estate.
• The Public Administrators operate their offices and administer estates in accordance with the guidelines and procedures adopted by the Administrative Board for the Offices of Public Administrators. The Administrative Board, comprised of thirteen (13) judges and attorneys, is authorized to act by Section 1128 of the Surrogate's Court Procedure Act.
• The Public Administrator applies to be the administrator and serves as fiduciary to collect and distribute the assets of the estates of deceased Staten Island residents.
• The Office will administer an estate where no one else wants to or is able to do so. The most common scenarios in which the Public Administrator will administer a decedent's estate are as follows:
  • Decedent died without a Will, and there are no known distributees.
  • Decedent died without a Will, and the distributees are too far down the blood line to qualify.
  • Decedent died without a Will, and the distributees are not able or willing to serve or are disqualified from serving.
  • Decedent dies with a Will, but the nominated executor(s) is unwilling or unable to serve. The Surrogate's Court appoints the Public Administrator to administer the estate in accordance with decedent's wishes under the Will.

• If a person dies in a hospital or care facility in the Bronx County with no known next of kin, the hospital or care facility is required under Surrogate's Court Procedure Act Section 1113 to notify the Public Administrator.
• The Medical Examiner of the City of New York will notify the Public Administrator if any individual in the morgue that has not been claimed by the next of kin for burial within 30 days.
• The director of a funeral home is required under Surrogate's Court Procedure Act Section 1113 to notify the Public Administrator of the death of a person with no known next of kin.
• A Report of Death is filed with the Public Administrator. The Report of Death may be completed by any person (including a friend, relative or creditor) who wishes to notify the Public Administrator of the death of a decedent. Typically, the person completing the Report of Death believes that there is no one other than the Public Administrator available or willing to act as the fiduciary of the decedent's estate.

• Decedent - Is a person who has died.
• Estate - Consists of all of the property of a decedent.
• Surrogate’s Court - Is the court in New York state that, among other things, oversees the estates of decedents. In other states, this court may be known as the Probate Court. Each county in the State of New York has its own Surrogate's Court. The Bronx County Surrogate's Court is responsible for the estate of any person who died while domiciled in Bronx County.
• Domicile - is the permanent place where a decedent resided. If a decedent was temporarily located elsewhere, or had more than one residence, the domicile is that place where the decedent intended to return.
• Fiduciary - (also known as a "personal representative") is a person who has been appointed by the Bronx County Surrogate's Court to administer the estate of a decedent. A fiduciary acts like a "manager" of the estate, collecting the decedent's assets, paying bills and expenses, and distributing the decedent's remaining property to his/her heirs or to the persons named in the Will. A fiduciary is called an "executor," if he or she is acting under the terms of a Will. A fiduciary appointed to administer the estate of a decedent who had no Will is called an "administrator."
• Probate - Refers to the process by which a decedent's Will is recognized as valid by the Surrogate's Court. When the Surrogate's Court determines that a Will is valid, it "admits the Will to probate" and usually appoints the executor designated by the decedent in the Will to administer the estate.
• Intestacy - Refers to the situation in which a person dies without a Will or dies with a Will that for various reasons is denied probate (that is, the Will is not recognized as valid by the Surrogate's Court). Where no Will is admitted to probate, the Court will appoint an administrator to administer the estate.
• Distributee - Is any person entitled to take or share in the property of a decedent, if the decedent did not have a valid Will (that is, the decedent died "intestate"). The Distributees also are called "heirs." Rules set forth under New York statutes establish who are the distributees of a decedent. Distributees can only be a decedent's blood relatives or persons adopted into the decedent's family. To be a distributee, you must be in the category of persons closest in blood relationship to the decedent (in the order defined by New York law). Anyone more remote in their relationship to the decedent than first cousin once removed cannot be a distributees under New York law. (For example, second cousins cannot be distributees.)

Small Estates

• Estates not exceeding $50,000.00* in value. The Public Administrator may act without Court authorization to marshal and distribute the assets of these estates, pursuant to Surrogate's Court Procedure Act.

Large Estates

• Estates valued at $50,000.01* and above. The Public Administrator may act after receiving Letters of Administration.

Accountings

• Small Estates under $50,000* are closed by informal accounting to the interested parties.
• Large Estates $50,000.01* and over are closed by judicial accounting. Notice is given to all interested parties and submitted to the Surrogate for Court approval. Upon approval of the Surrogate by court decree, the Public Administrator is discharged.
• Get additional estate information from NYCourts.gov. 

If you or another person is responsible for payment, please fill out the Reimbursement Form and attach/submit the required documents via our Contact Form. 

Yes. The Public Administrator receives the same commission as any other person who acts as administrator. The amount of the commission is fixed by statute (Surrogate Court's Procedure Act Sections 1106 and 2307). It is calculated on a sliding scale, based on the assets of an estate, starting at 5% of the first $100,000 and going down to 2% of any assets over $5 million. The Public Administrator's commissions are turned over to the general fund of the City of New York. The Public Administrator of Bronx County also receives an additional 1% of the gross assets of an estate, pursuant to SCPA §1106, which are applied toward the reasonable and necessary expenses of the Office.

• Yes. The Public Administrator hires an attorney to represent it and provide legal services relating to the administration of the estates handled by the Office. The attorneys are paid a legal fee, which is governed by a schedule adopted by the Administrative Board and is calculated on a sliding scale based upon the gross assets of the estate. The scale starts at 6% of the first $750,000 of assets and decreases in incremental steps to 1.5% of any assets over $5 million. All commissions and legal fees are subject to the approval of the New York County Surrogate's Court. The Public Administrator may also retain an accountant to prepare any income tax returns required for the estate.

The Public Administrator of Bronx County generally retains four law firms: 

• Hugh Campbell Esq. of Rodman and Campbell, P.C.
• Gary S. Basso Esq. of Velella, Velella, Basso & Calandra
• Edward Koester Esq. 
• Raymond W.M Chin Esq

No. The Public Administrator's attorneys will provide you with information about the estate, but they cannot represent you in legal proceedings. As a distributee, you may be required to present proof of your status at a hearing in the Surrogate's Court. If you do not know of an attorney, and wish to retain one, you may visit the Association of the Bar of the City of New York referral service.