The need for a kinship hearing can arise in a variety of circumstances, among them: a) competing claimants are seeking an appointment as administrator pursuant to SCPA §1001; b) a determination is sought as to who is entitled to a share as distributee under EPTL §4-1.1(1); c) the public administrator is petitioning to settle his account. Most kinship hearings occur in the last context. Who may come forward to object to the account? Who will, ultimately, benefit from the decedent’s estate? A party in interest, a “distributee” in an intestacy proceeding, is entitled to come forward and dispute the accounting and/or make a claim for his or her share of the estate.
Where the public administrator has been appointed to administer the estate, potential claimants should be vigilant in making known their presence to the court early in the proceeding. Early intervention may prevent the deposit of funds with the Commissioner of Finance for later distribution, or with the New York State Comptroller as abandoned property.
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