The call I receive most often begins the same way. A client’s parent has passed away in their home, and my client, the named executor, is holding a will they may have never seen before. They are grieving, but they also have a question that can’t wait: “What do I do now?”
The law imposes immediate and serious responsibilities on the person entrusted to manage an estate. The role is not ceremonial—it is a fiduciary duty. The first few weeks are critical for an orderly administration, and a clear framework of priorities is essential.
The First 72 Hours: Triage and Security
Your first duties are practical, not legal. They are about securing the property and gathering the documents needed for every step that follows.
First, obtain multiple official copies of the death certificate. You will need these for banks, insurance companies, government agencies, and the court. I advise my clients to order at least ten. It is far easier to get them all at once from the funeral director than to request them one by one later.
Next, you must secure the decedent’s tangible property. This is a critical act of stewardship. If they lived alone, this means securing their residence—locking the doors, taking possession of keys, and ensuring valuables are safe. If there is a vehicle, secure the keys and title. This is not about suspicion. It is about preventing loss or damage when family and friends are coming and going.
The First Week: Locating the Will and Making Key Notifications
Once the immediate practical matters are handled, the focus shifts to the legal documents that govern the estate. The most important is the original last will and testament. A copy is not sufficient for the court; the original signed document is required.
It could be in a safe deposit box, a home safe, or on file at the office of the attorney who drafted it. Locating this document is your top priority. It names you as the executor and outlines the decedent’s wishes. If you cannot find it, the estate may have to be administered as if no will existed, a situation that creates significant delays and conflict.
With the original will, the formal legal process can begin. The will is filed with the Surrogate’s Court in the county where the decedent resided, a process governed by Article 14 of New York’s Surrogate’s Court Procedure Act (SCPA). This petition asks the court to formally recognize the will as valid and to issue “letters testamentary,” the document that gives you legal authority to act for the estate.
During this first week, you should also begin notifying essential parties:
- The Social Security Administration
- Pension plan administrators and former employers
- Life insurance companies
- The decedent’s accountant and financial advisor
These notifications start the process for death benefits and stop payments that should no longer be issued.
The First Month: Marshalling the Assets
Once the legal process is underway, your primary job is creating a complete inventory of the estate. In legal terms, this is called “marshalling the assets.” You are stepping into the decedent’s financial shoes to create a detailed balance sheet of everything they owned and everything they owed.
This involves identifying and valuing all assets: bank accounts, brokerage accounts, real estate, retirement accounts, and significant personal property. You are not distributing anything yet—you are creating a record. At the same time, you must identify all liabilities: mortgages, credit card debts, and other outstanding bills. You must get a clear picture of the estate’s financial health before any debts can be paid or assets distributed.
This is meticulous work that requires diligence. You will need to review mail, find statements, and contact financial institutions. This inventory is required by the Surrogate’s Court and is essential for properly managing and settling the estate.
The role of an executor is one of profound trust and legal responsibility. It is not a role to walk into unprepared. If you have recently been named an executor in a will and need to understand the immediate duties required by the court, our firm can schedule a consultation to review the document and outline your responsibilities as a fiduciary.
