When the owner of a Brooklyn brownstone passes away, the will they left behind isn’t the final word. It’s the starting point. That document, along with a formal petition, must be filed with the Kings County Surrogate’s Court. This begins probate—the court-supervised process of validating the will and transferring a person’s legacy. From the outside, it looks like a straightforward administrative task. From my experience, it is a period where stewardship is tested and family dynamics are put under a microscope.
The court’s job is to ensure the will is authentic and the decedent’s wishes are honored. But it is not there to hold the executor’s hand. The court is an arbiter, not an assistant. The responsibility—and the liability—falls squarely on the person named as executor.
The Fiduciary Standard for an Executor
Serving as an executor is more than an honor; it’s a legal appointment that comes with a significant burden known as a fiduciary duty. This is the highest standard of care recognized by law. As an executor, you are legally obligated to act with complete loyalty and prudence, putting the interests of the estate and its beneficiaries above your own. This isn’t a suggestion—it’s a mandate.
This duty involves several concrete tasks:
- Gathering and inventorying all of the decedent’s assets, from bank accounts to real estate to personal property.
- Paying all legitimate debts, taxes, and administrative expenses of the estate.
- Communicating transparently with all beneficiaries.
- Distributing the remaining assets according to the terms of the will.
A misstep in any of these areas can have serious consequences. If an executor co-mingles estate funds with their own, sells an asset for less than fair market value, or favors one beneficiary over another, they can be held personally liable for any financial losses. We’ve seen executors sued by beneficiaries for mismanagement, forcing them to repay the estate from their own pocket. This is why prudent executors retain counsel—not just to file paperwork, but as a shield against personal liability and a guide for fulfilling their fiduciary duty.
When the Will Itself Is Questioned
Sometimes the probate process is not about administration but about conflict. A family member may believe the will is invalid due to undue influence, fraud, or the decedent’s lack of mental capacity when it was signed. This leads to a will contest, which is not a simple disagreement. It is formal litigation within the Surrogate’s Court.
In these situations, New York law provides specific tools for discovery. For example, Surrogate’s Court Procedure Act (SCPA) §1404 allows an interested party—a potential heir who is disinherited, for instance—to conduct examinations of the attorney who drafted the will and the witnesses who were present at the signing. This happens *before* formal objections are even filed. It’s a powerful preliminary step to gather evidence about the circumstances surrounding the will’s creation.
A will contest freezes the entire estate administration. No assets can be distributed until the court resolves the dispute, a process that can take months or even years. It requires a deep understanding of evidence, court procedure, and the substantive law governing wills. This is not a process for an executor to face alone.
Probate is a Deliberate Process, Not a Fast One
Clients often ask how long probate will take. The honest answer is that it depends. A simple estate with a clear will, cooperative beneficiaries, and no creditor issues might be settled in under a year. An estate with complex assets, a will contest, or a difficult family dynamic can take much longer. The court system has its own timeline, and the process is designed to be deliberate and methodical to protect all parties involved.
My role, and the role of my firm, is to guide the executor through this process with clarity and intention. We manage the court filings, handle communication with beneficiaries, and advise on the fiduciary decisions that must be made. We work to resolve disputes before they escalate into costly litigation. Our objective is to see the estate settled efficiently while ensuring the executor is protected and the decedent’s legacy is properly honored.
If you have been named an executor for an estate, your first obligation is to secure the original will. Once you have it, our firm can schedule a case assessment to review the document, identify the next of kin, and provide a clear roadmap for your duties in Surrogate’s Court.
