A few months after her aunt passed away, a client came to my office. She knew she was a beneficiary in the will—her aunt had told her so—but the executor, her cousin, had gone silent. Phone calls went unreturned. The status of her aunt’s Brooklyn co-op was a mystery. My client felt powerless, as if she were asking for a handout rather than what was rightfully hers. This feeling is common, but it’s based on a misunderstanding. As a beneficiary, you are not a passive observer. You have legal rights, and the executor has a legal duty to you.
The Executor’s Fiduciary Duty Is Not Optional
When a person is named executor of an estate, they step into a role with serious legal responsibilities. This is called a fiduciary duty—the highest standard of care under the law. An executor cannot treat the estate’s assets as their own, favor one beneficiary over another, or act with unnecessary delay. Their job is to act prudently and in the best interest of the estate and its beneficiaries. Stewardship.
The process begins when the will is submitted to the Surrogate’s Court in the county where the person passed away. This is called probate. The court validates the will and formally appoints the executor. From that moment, the clock starts on their responsibilities.
One of the first duties is to identify and gather the decedent’s assets. This can include real estate, bank accounts, investments, and personal property. The executor must also notify beneficiaries and other interested parties. You have a right to be kept reasonably informed about the estate’s administration. This isn’t a courtesy; it’s a core part of their role.
Your Right to Information and an Accounting
While probate in New York can take seven months to a year or more, complete silence from an executor is a red flag. Beneficiaries are entitled to transparency. If you feel you are being kept in the dark, you have recourse.
Initially, a formal letter from an attorney can often prompt an executor to provide an update and a timeline. But if the silence or delays persist, you have the right to demand a formal accounting. An accounting is a detailed report of all the estate’s financial activity—every asset collected, every dollar spent, and every distribution made. It is the executor’s report card, and you are entitled to review it.
If an executor refuses to provide one voluntarily, you can petition the Surrogate’s Court to compel them. Under Surrogate’s Court Procedure Act (SCPA) § 2205, an interested person, including a beneficiary, can file a petition to force an executor to account for their actions. This legal step often brings clarity to a stalled process and holds the fiduciary accountable for their management of the estate.
Challenging the Executor vs. Contesting the Will
Many people confuse two very different legal actions: challenging an executor’s conduct and contesting the will itself. They are not the same.
A will contest is an attempt to invalidate the entire will. This is typically done on grounds that the person who made the will (the testator) lacked mental capacity, was under duress or undue influence, or that the will was not executed properly. Will contests are complex, expensive, and have a high burden of proof. They challenge the very foundation of the document.
In contrast, challenging an executor’s actions accepts the will as valid but questions how the executor is carrying out its instructions. This is far more common. It could involve claims of:
- Self-dealing: The executor selling estate property to themselves at a low price.
- Negligence: Allowing assets, like real estate, to fall into disrepair and lose value.
- Improper payments: Using estate funds for personal expenses or paying invalid creditor claims.
- Unreasonable delay: Failing to distribute assets to beneficiaries long after all debts and taxes have been paid.
Understanding this distinction is critical. Your issue may not be with your loved one’s final wishes, but with the person entrusted to fulfill them. Holding an executor accountable is not an act of disrespect to the deceased; it is an act of upholding their legacy.
Being named a beneficiary is the final act of trust from a person who valued you. It is your right to see that trust honored with integrity. If you are the beneficiary of an estate and have questions about the executor’s conduct or the probate process, your next step should be to understand your legal standing. We can schedule a confidential review to assess the specifics of your situation and outline the options available to you under New York law.
