The call often comes on a Tuesday morning. A client’s parent has passed away in their Manhattan apartment over the weekend, and amidst the grief, a single, urgent question emerges: “What do I do now?” The instinct is to do everything at once—call family, sort papers, contact banks. But the first steps after a death are not about speed. They are about order and authority.
For the person named as executor in a will, or for the closest family member if no will exists, the responsibility can feel immense. You are suddenly the custodian of a legacy. My firm and I provide a clear sequence of operations—a deliberate path through the initial chaos, ensuring every action is legally sound and serves the decedent’s final wishes.
The First 72 Hours: Securing the Foundation
Before settling accounts or distributing assets, a few critical tasks must be handled. These actions create the legal foundation for the entire estate administration process.
First, obtain multiple certified copies of the death certificate. You will need one for nearly every administrative task, from closing a bank account to claiming a life insurance policy. The funeral director can order these for you. I advise clients to get at least ten. It is far easier to get them now than to request more later.
Second, locate the original Last Will and Testament. A copy is not sufficient for the court. The original document, with its original signature, is required. Check secure places—a safe deposit box, a home safe, or with the attorney who drafted it. If you cannot find a will, the estate proceeds under New York’s intestacy laws, which follow a different set of rules.
Finally, secure the decedent’s tangible property. This is critical if they lived alone. Lock the residence, secure any vehicles, and take possession of valuables if there is a risk of them being misplaced or taken. This is not about mistrust—it is about fulfilling a core duty to protect the assets of the estate.
Identifying the Steward: Executor or Administrator?
The person legally authorized to act for the estate is called a fiduciary. This is a role of profound trust and responsibility. If a will exists, it nominates an executor. However, that person has no legal authority until the Surrogate’s Court formally appoints them by issuing a document called Letters Testamentary.
Before that appointment, no one has the right to access bank accounts, sell property, or pay debts from estate funds. Attempting to do so can create personal liability and complicate the probate process. The executor’s first job is not to manage assets, but to petition the court for the authority to do so.
If there is no will, the law dictates who has the right to serve. A close relative, such as a spouse or child, can petition the court to be appointed as the administrator. The court then issues Letters of Administration. In either case, the fiduciary has a legal obligation—a fiduciary duty—to act in the best interests of the estate and its beneficiaries. It is a serious, legally enforceable standard of care.
The Administrative March: Notifying and Inventorying
Once you have the death certificates and have located the will, the next phase involves gathering information and notifying necessary parties. This is a methodical process of creating a complete picture of the decedent’s financial life.
You must notify key government agencies, including the Social Security Administration and, if applicable, the Department of Veterans Affairs. If the decedent was receiving a pension or annuity, that company must be contacted to stop payments.
The larger task is to create a preliminary inventory of assets and liabilities. This means collecting:
- Bank and brokerage statements
- Life insurance policies
- Deeds to real estate
- Vehicle titles
- Recent tax returns
- Credit card statements and mortgage bills
This inventory is not just for your records. It forms the basis of the petition filed with the Surrogate’s Court. The process of getting a will officially recognized—known as probate—is governed by the New York Surrogate’s Court Procedure Act. Specifically, SCPA Article 14 outlines the steps for the “Probate of a Will,” which begins with a formal petition detailing the decedent’s assets, debts, and heirs. A precise inventory makes this court process immeasurably smoother.
The weeks following a death are difficult. The temptation to act quickly can lead to missteps. The law, however, provides a clear, structured process. It demands patience and intentional action. Stewardship.
Before you file any court documents or attempt to access funds, the most prudent first step is to confirm your legal standing and obligations. If you have been named as an executor, we offer a consultation to review the will, clarify your fiduciary duties, and map out the first 90 days of the estate administration process.
