How does an alleged heir object to the administrator’s accounting and request a Kinship Hearing?
After the administrator (usually the Public Administrator) has administered the estate (e.g., collected money, sold real estate, etc.) they will file (with the court) and serve (on the parties and persons interested) an accounting, verified under oath, and seek to distribute the money and property in the estate.
The administrator will list in the account as “alleged heirs” those persons who they believe may be entitled to inherit. Of course, the alleged heirs who believe that they are heirs will have a problem with this. The alleged heir who objects to being called an “alleged” heir will file a legal document called an “objection” with the Surrogate’s Court, arguing that they are, indeed, an heir (not alleged).
This is the most common scenario that gives rise to a kinship proceeding in New York Surrogate’s Court.