A thick envelope arrives from the New York County Surrogate’s Court. Inside is a document called a “Citation,” dense with legal language, demanding an appearance. For the person who receives it, this is often the first sign that a loved one’s estate is entering probate. The document might name a relative you barely speak to as the proposed executor of your mother’s will. You’re left with questions and a deep sense of unease. What are your rights? What are their responsibilities? This is the moment when our work often begins.
My role, and the role of my firm, is frequently misunderstood. People see us as drafters of documents—a will here, a trust there. While that planning is a critical part of our work, it is only half the story. The other half is administration: the methodical process of guiding an estate from the moment of death to its final distribution.
Planning and Administration: The Two Sides of Stewardship
The best time to engage an attorney is long before anyone has passed. This is the planning phase. It is a deliberate process of structuring a client’s affairs to honor their intentions and protect their family. We discuss their assets, their family dynamics, and their vision for the future. We build the legal architecture—wills, trusts, powers of attorney, healthcare directives—that serves as the blueprint for what comes next. This is stewardship in its purest form. It is an intentional act of looking ahead, anticipating contingencies, and creating clarity for the next generation.
But life is rarely so tidy. We are often brought in after a death, when the family is in crisis. This is the administration phase. When a will exists, the process is called probate. The will must be validated by the Surrogate’s Court, an executor must be officially appointed, and that executor must then begin the work of managing the estate. If there is no will, the process is called administration, and the court appoints an administrator to perform a similar function according to state law. In both scenarios, our role shifts from architect to guide.
The Executor’s Burden: Our Role as Fiduciary Counsel
An executor is a fiduciary. That is a legal term with immense weight. It means they have the highest duty of care to act in the best interests of the estate and its beneficiaries. It is not an honorary title; it is a demanding job with significant personal liability. The executor must:
- Identify and gather all the decedent’s assets—from a Manhattan co-op to a forgotten savings bond.
- Pay all legitimate debts, taxes, and expenses of the estate.
- Manage and protect the assets during the probate process.
- Communicate with beneficiaries and keep them informed.
- Distribute the remaining assets according to the terms of the will.
- Provide a formal or informal accounting of every dollar that came in and went out.
We do not act as the executor. Instead, we serve as counsel to the executor. We advise them at every step, prepare court filings, and ensure they meet the strict requirements of the Surrogate’s Court Procedure Act (SCPA). For example, SCPA Article 22 outlines the detailed rules for how a fiduciary must account for their actions to the beneficiaries. Failure to comply can result in personal liability for the executor. Our job is to help them fulfill their duty honorably and shield them from legal challenges.
When a Will Is Challenged
Sometimes, the blueprint left behind is contested. A child who was disinherited may believe a sibling exerted undue influence over an ailing parent. A beneficiary might question the decedent’s mental capacity at the time the will was signed. This is when probate becomes litigation.
A will contest is one of the most difficult experiences a family can endure. It forces deeply personal conflicts into a public legal forum. In these cases, our role becomes that of an advocate. We may represent the executor in defending the validity of the will, gathering evidence and testimony to uphold the decedent’s documented wishes. Or, we may represent a beneficiary who has valid grounds to challenge a will they believe is the product of fraud or coercion.
These proceedings are governed by strict rules. We analyze medical records, conduct depositions, and present the case before the Surrogate. The work is meticulous. It demands a deep understanding of both court procedure and family dynamics.
A Relationship, Not a Transaction
The work of an estate and probate attorney is about managing relationships—between a parent and child, between siblings, and between a family and its future. The documents and court appearances are the tools we use.
I have had the privilege of representing multiple generations of the same family. I helped a father establish a trust for his business, and years later, I advised his daughter as she stepped into the role of trustee. That continuity is the core of our practice. It’s not about a single transaction. It’s about being a steady, knowledgeable presence as a family’s legacy unfolds over time.
If you have been named an executor and are facing the probate process, or if you are beginning to consider the structure of your own estate plan, I invite you to schedule a confidential consultation. We can sit down and map out the responsibilities ahead and the prudent steps to fulfill them.
