§ 1102 Appointment and removal; terms of office

When someone dies without a will and there's no family available to handle their estate, a public administrator steps in to manage things. This rule explains how those public administrators get their jobs and how they can lose them, specifically in five New York City counties: Kings (Brooklyn), Richmond (Staten Island), New York (Manhattan), Bronx, and Queens.

In each of these counties, the surrogate's court judge has the power to appoint the public administrator. That same judge also has the power to remove them from the job if needed. Once appointed, a public administrator keeps the position indefinitely, unless the judge decides to remove them. There's no set term limit or expiration date built into the job.

The rule also requires paperwork to make everything official. Any appointment must be put in writing, and that written appointment has to be filed with the county clerk's office in the county where the person will serve. This creates a public record showing who holds the position and confirms they have legal authority to act.