When a parent dies in their Brooklyn home, the family’s first calls are usually to relatives and a funeral director. The third call, however, is often to us. They’ve found a will naming one of the children as executor, but the bank has already frozen the accounts. They have a stack of bills, a set of keys, and a document they don’t know how to use. The question I hear most often in that first conversation is simple: “What do we do now?”
The period following a death is disorienting. While you grieve, the law imposes duties on the person nominated to manage the estate. This role—an executor if there is a will, an administrator if not—is more than an honor. It is a legal appointment with significant responsibility. Acting without the court’s authority can create personal liability, and inaction can damage the estate. The process begins with deliberate, foundational steps, not complex legal maneuvers.
Locating the Will and Securing the Estate
The first task is to find the original, signed will. A copy is not enough for the court. I’ve seen families search for days, only to find the original in a safe deposit box—which they can’t access without a court order. This is a classic catch-22 that we frequently help clients resolve. The will is the roadmap for everything that follows. It names the executor, identifies beneficiaries, and outlines the decedent’s final wishes.
While the search for the will is underway, the nominated executor has a duty to protect the decedent’s property. This doesn’t mean you start distributing assets. It means you act as a temporary custodian. This might involve:
- Changing the locks on the decedent’s home to prevent unauthorized entry.
- Collecting important mail and identifying recurring bills like mortgages, insurance premiums, and utilities.
- Making sure valuable personal property, like jewelry or art, is secure.
- If there is a family business, taking steps to ensure its continued, stable operation.
These are acts of stewardship. You are not yet the legal representative of the estate—that comes later—but you are taking prudent steps to preserve the value of what your loved one built. It is a profound responsibility, and it begins immediately.
Petitioning the Surrogate’s Court
To gain legal authority to act, the nominated executor must petition the Surrogate’s Court in the county where the decedent lived. This is the formal start of the probate process in New York. The goal is to have the will officially recognized as valid and to receive “Letters Testamentary”—the court order that officially appoints you as executor.
The petition itself is a detailed legal document. It requires the original will, a certified copy of the death certificate, and a list of all legal heirs and next of kin. Under the Surrogate’s Court Procedure Act (SCPA) § 1402, specific parties must be formally notified of the probate proceeding. This gives them an opportunity to object if they believe the will is invalid. If there are disputes—perhaps a claim that the decedent was under undue influence—the process can become a contested matter requiring litigation. But in most cases, once the court is satisfied that the will is valid and all interested parties have been notified, it issues the Letters Testamentary.
With these Letters, the executor can now act with the full authority of the law. You can open an estate bank account, access financial records, pay the decedent’s final debts, and begin the process of gathering assets to eventually distribute to the beneficiaries named in the will.
The Executor’s Fiduciary Duty
Being an executor is more than an administrative job; it is a fiduciary role. This means you must act with the highest degree of loyalty and care, always putting the interests of the estate and its beneficiaries above your own. This duty is absolute.
This includes several core responsibilities:
Marshaling Assets: The executor must conduct a thorough search for all of the decedent’s assets. This includes bank accounts, real estate, investments, retirement accounts, and personal property. It often requires corresponding with financial institutions across the country.
Paying Debts and Taxes: Before any beneficiary receives a dollar, the estate must settle the decedent’s legitimate debts and file final income and estate tax returns. Paying beneficiaries before creditors can make the executor personally liable for the unpaid debts.
Accounting: The executor must keep meticulous records of every transaction—all money that comes into the estate and all money that goes out. Beneficiaries have a right to a formal accounting that shows how you managed the estate’s finances.
This is not a role to be taken lightly. The work can be demanding and, at times, thankless. But it is the final act of service you can perform for your loved one—ensuring their legacy is managed with integrity and care. Stewardship.
When a family is faced with these responsibilities, their first priority should be to understand the legal framework they are operating within. If you have been named as an executor in a will and are unsure of your duties, our firm can schedule an initial consultation to review the document and outline the specific steps required by the Surrogate’s Court.
