In new york if there is no excutor who do they pick

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. You do not mention whether your son had a Will. If so, the designated executor in the Will would petition to probate the Will. If there is no Will, then the next of kin would have the standing to petition to become the administrator of the estate. That would mean that an adult child would have priority to file the petition to administer the estate if your son died without being married at the time of his death. If the children are minor children, then possibly the Mother could be appointed as the guardian of one of the children to petition to become the administrator, although it is unclear whether the court would grant the request depending on the facts of the situation. Separately, if there are adult children or the adult children refuse or waive their right to administer the estate, then a parent could attempt to petition or cross-petition to become the administrator. Lastly, depending on the size of and complications in the estate, the court could appoint the public administrator to administer the estate rather than the surviving parent of the minor child or a parent of the decedent. If you need any assistance, a New York Trusts & Estates Attorney could help you.