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Can A Voluntary Administrator Act with Respect to Real Property?
Richard A. Whitney

Q. 

I have a question concerning the NY small estates administration. My father passed away with a will. All assets, except the house, are owned jointly with my mother. The only asset that was solely owned by my fatherwas the house.

The will gives the house to my mother. To transfer the house to my mother can I utilize the NY Small Estates Administration form to have my mother appointed voluntary administrator and then transfer the house to her name? If not, is there any other means to avoid the expense of having my mother become executor? Thank you for your time and help.

-- Anonymous

A. 

New York Surrogate's Court Procedure Act Section 1302 states that voluntary administration cannot be used to transfer real property. Also, as of January 1, 2009, voluntary administration cannot apply to personal property exceeding $30,000.00 in value (until Jan.1, 2009, the limitation was $20,000.00.) Because your parents' house is real property, voluntary administration cannot be used to transfer title.



-- Richard A. Whitney

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