I’m an Executor. Now What?

December 30, 2025
Rockland Estate Planning

Being named an executor of an estate in New York is an important responsibility—but it often comes with confusion and stress. Many people ask the same question after a loved one passes away: “I’m an executor. Now what?”

If you’ve been appointed executor under a New York Will, this guide explains your legal duties, the steps involved in settling an estate, and when working with an experienced New York estate planning and probate attorney can help you avoid costly mistakes.

What Is an Executor Under New York Law?

An executor is the individual named in a will to manage and distribute a deceased person’s estate. In New York, executors are supervised by the Surrogate’s Court and must strictly follow state probate law.

Executors owe a fiduciary duty to the estate and its beneficiaries. This means you must act honestly, carefully, and in the best interests of the estate. Even unintentional errors can result in personal liability.

Step 1: Locate the Will and Obtain Death Certificates

Your first responsibilities include:

  • Locating the original Will

  • Ordering multiple certified copies of the death certificate

The original will must be filed with the Surrogate’s Court in the county where the deceased lived, such as Rockland County.

Step 2: File for Probate in New York

Before you can act on behalf of the estate, the will must go through probate.

This process generally involves:

  • Filing a probate petition with the Surrogate’s Court

  • Notifying heirs and beneficiaries

  • Attending a probate hearing (if required)

  • Receiving Letters Testamentary, which give you legal authority to manage estate assets

New York probate can be time-consuming, especially if family members object or the estate is complex. An estate planning attorney can help streamline the process.

Step 3: Notify Beneficiaries and Heirs

New York law requires executors to formally notify:

  • All beneficiaries named in the Will

  • All legal heirs, even if they are not inheriting

This step is critical. Improper notice can delay probate or expose the executor to legal challenges.

Step 4: Identify, Secure, and Value Estate Assets

As executor, you must locate and protect all estate property, including:

  • Bank and brokerage accounts

  • Real estate

  • Retirement accounts

  • Personal property

  • Business interests

You may need to:

  • Open an estate bank account

  • Obtain date-of-death valuations

  • Maintain property insurance

  • Keep detailed records of all transactions

  • Obtain a tax identification number for the estate

Step 5: Pay Debts, Expenses, and Taxes

Executors must ensure all valid obligations are paid before distributing assets. These may include:

  • Funeral and burial expenses

  • Outstanding debts and bills

  • Creditor claims

  • Estate administration expenses

In New York, executors must also address:

  • Final income tax returns

  • Possible New York estate tax

  • Federal estate tax (for larger estates)

Distributing assets too early can make an executor personally liable for unpaid debts or taxes.

Step 6: Distribute Assets According to the Will

Once debts and taxes are resolved, the executor distributes assets as directed in the will. This must be done accurately and fairly.

Beneficiaries are often entitled to an estate accounting that shows:

  • Assets collected

  • Expenses paid

  • Distributions made

Clear documentation helps prevent disputes and protects the executor.

Step 7: Close the Estate

After all distributions are complete, the executor can formally close the estate by:

  • Obtaining signed releases from beneficiaries

  • Filing final paperwork with the Surrogate’s Court

Only after this step is the executor officially discharged from responsibility.

Common Executor Mistakes in New York

Executors frequently encounter problems by:

  • Missing court deadlines

  • Failing to provide proper notice

  • Keeping poor financial records

  • Paying beneficiaries before taxes and debts

  • Trying to handle probate without legal guidance

  • Distributing assets other than as directed in the Will

Even simple estates can become complicated under New York probate rules.

Do Executors Get Paid in New York?

Yes. New York allows executors to receive statutory commissions based on the total value of the estate. The calculation can be complex, especially when multiple executors or non-probate assets are involved.

An estate planning attorney can help ensure compensation is calculated correctly and approved by the court.

When Should an Executor Hire a New York Estate Planning Attorney?

You should strongly consider legal guidance if:

  • The estate is large or taxable

  • There are disputes among family members

  • The Will is unclear or contested

  • The estate includes real estate or a business

  • You want to reduce stress and personal risk

Working with a knowledgeable Rockland County estate planning and probate attorney can save time, protect you from liability, and ensure the estate is settled properly.

Need Help Serving as an Executor in New York?

If you’ve been named executor and are unsure of your next steps, the attorneys at Rockland Estate Planning are here to help. We guide executors through every phase of New York probate and estate administration with clarity and confidence.

Contact us today to schedule a consultation and get the support you need.

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