Being named executor of a loved one’s estate is an honor — and a responsibility that many people accept without fully understanding what it involves. In New York, the executor’s role is a legal one, governed by specific obligations and timelines that can extend for months or, in complex estates, years.
What Probate Actually Is
Probate is the court-supervised process by which a decedent’s will is admitted to record, the executor is formally appointed, and the estate’s assets are identified, administered, and distributed to beneficiaries.
In New York, the Surrogate’s Court in the county where the decedent resided at death has jurisdiction over the probate proceeding. The process begins with filing a petition to probate the will, along with the original will, the death certificate, and supporting documentation. If the court is satisfied that the will is valid and the proposed executor is qualified, it issues Letters Testamentary — the document that formally authorizes the executor to act on behalf of the estate.
Not all assets go through probate. Assets held in trust, jointly held property with right of survivorship, accounts with designated beneficiaries, and certain other assets pass outside the probate estate entirely. Understanding what is and is not subject to probate is an early and important step.
The Executor’s Core Duties
Marshaling assets. The executor must identify, locate, and take control of the decedent’s assets — bank accounts, investment accounts, real estate, personal property, business interests, and any other property owned at death. This requires obtaining date-of-death valuations for estate tax purposes and, in some cases, engaging appraisers for real estate and other non-liquid assets.
Notifying creditors. The executor must notify known creditors of the death and the probate proceeding, and must allow a reasonable period for claims to be filed. Creditors have a right to be paid from estate assets before distributions are made to beneficiaries.
Filing tax returns. Depending on the size of the estate, the executor may be responsible for filing the decedent’s final income tax return, the estate’s fiduciary income tax return, and — if applicable — a federal estate tax return and a New York estate tax return.
Accounting to beneficiaries. The executor must maintain careful records of all estate transactions and, at the conclusion of the administration, account to beneficiaries for how the estate was administered.
Distributing the estate. After debts, taxes, and expenses are paid, the executor distributes the remaining assets to the beneficiaries named in the will.
Where Executors Run Into Difficulty
Moving too quickly. Distributing assets before all debts and taxes are resolved can expose the executor to personal liability. An executor who distributes the estate prematurely and then discovers a creditor claim or tax liability may have to make that payment personally if estate assets have already been disbursed.
Self-dealing. The executor has a fiduciary duty to the beneficiaries. If the executor is also a beneficiary, they must be especially careful to avoid transactions that benefit themselves at the expense of other beneficiaries. Purchasing estate assets at below-market prices, failing to collect debts owed by the executor to the estate, and preferring certain beneficiaries over others are all potential grounds for surcharge.
Ignoring disputes. When beneficiaries disagree about the administration of the estate, those disputes do not resolve themselves. Contested estate proceedings in Surrogate’s Court can be complex and prolonged. An executor who ignores early signs of conflict often finds themselves facing formal legal challenges later.
The Value of Legal Counsel
Executors are not required to hire an attorney, but in estates of any complexity, doing so is strongly advisable. The executor is personally responsible for carrying out the administration correctly. Mistakes — even well-intentioned ones — can result in personal liability.
Attorney’s fees for estate administration in New York are paid from the estate, not by the executor personally. This means that obtaining qualified legal counsel is not a personal expense — it is an estate expense, and one that often protects the executor from far greater cost.
Michel Law represents executors and beneficiaries through all stages of the probate process — from the initial petition through final distribution. If you have been named executor of a New York estate, we welcome a confidential conversation about what your appointment involves.
This article is provided for general informational purposes only and does not constitute legal advice. Please consult qualified legal counsel regarding your specific circumstances.