When a person passes away and leaves a valid Last Will and Testament (the “will”), his named executor in the will (or a successor executor, if the primary is unavailable) has to go through probate process. Probate is the process of proving the authenticity of the will and qualifying to act an executor to administer the estate. However, in some cases, there may be no named executor(s) in the will or the nominated executor is unable or unwilling to fulfill their duties. This may be because they have passed away before the testator or they are simply uninterested in the job. In such situations, the court may appoint an “administrator with the will annexed”, also known as Administration CTA, and the estate will be administered according to the terms of the will.
In the context of New York Probate, C.T.A. stands for “Cum Testamento Annexo,” which is a Latin term that means “With the Will Annexed.” The C.T.A. designation signifies that the administration of the estate is carried out with the will as a governing document, albeit by someone not named in the will as the executor. The administrator, also known as the administrator C.T.A., is responsible for settling the estate, distributing assets, paying debts and taxes, and fulfilling other duties outlined in the will.
The order of priority for receiving Letters of Administration C.T.A. is determined by the Surrogate’s Court Procedures Act Section 1418(1), which generally follows the law’s rules regarding the distribution of assets when someone dies without a will. The court will typically appoint the following individuals in the following order:
- To a sole beneficiary, or if he be dead to his fiduciary; (a)
- To one or more of the residuary beneficiaries or, if any be dead, to his fiduciary;
- If there is no eligible person entitled to letters under subparagraphs (a) and (b) , to one or more of the persons interested in the estate or, if any be dead, to their fiduciary.
It's important to note that the specific circumstances and relationships of the individuals involved may impact the Court’s decision. The local Surrogate’s Court will consider factors such as the qualifications, availability, and suitability of the potential administrators C.T.A. before making an appointment.
The person looking to petition to be Administrator CTA files a petition with the court along with the will and death certificate and gets jurisdiction over the necessary next of kin. The court may decide that a bond needs to be posted, although we typically file a bond affidavit to ask the court dispense with such a requirement.
If you need assistance with an Administration CTA filing, feel free to call the Law Offices of Roman Aminov, P.C. at 347-766-2685.
This article is for educational purposes only - to provide you general information, not to provide specific legal advice from Roman Aminov. Use of this post does not create an attorney-client relationship and information contained herein should not be used as a substitute for competent legal advice from a licensed local estate attorney in NY or your state.
