A client often calls my office a week after a parent’s passing. They’ve found the will, which names them as the executor. They are holding a legal document, but what they really hold is a new and profound responsibility—a fiduciary duty to their family and a future date in Surrogate’s Court.
This is probate—the court-supervised process of validating a will, settling a person’s final affairs, and distributing their life’s work to the next generation. As an executor in New York, you become the temporary custodian of that legacy, and the court holds you to a very high standard.
The Fiduciary Standard
The term “fiduciary” is one of the most important in estate law. It means you are legally obligated to act in the best interests of the estate and its beneficiaries—not your own. Your personal feelings, financial needs, or disagreements with siblings must be set aside. Every decision, from selling a property to paying a final utility bill, must be made with prudence and loyalty to the deceased’s wishes as expressed in the will.
This duty is not abstract. It involves concrete tasks: gathering and inventorying assets, notifying heirs and creditors, paying legitimate debts and taxes, and ultimately, distributing the remaining assets. The Surrogate’s Court oversees this process to ensure it is done correctly. The court’s role is to provide a forum for settling disputes and to give final legal authority to the transfer of assets. It is the mechanism that transforms the instructions in a will into reality.
The Process in Surrogate’s Court
The probate process formally begins when we file a petition with the will in the Surrogate’s Court of the county where the person resided—for many of our clients, that’s here in Manhattan. The court then issues “letters testamentary,” the official document granting the executor authority to act on behalf of the estate.
From there, the work begins. An executor must be diligent. This means locating all assets—bank accounts, real estate, investments, personal property—and protecting them. It also means handling the estate’s liabilities. Under the Surrogate’s Court Procedure Act, there is a formal process for creditors to make claims against an estate. Part of the executor’s role is to evaluate these claims, paying the valid ones and challenging those that are not. For example, SCPA §1802 establishes a seven-month period after letters testamentary are issued for creditors to present their claims.
This is where our guidance becomes critical. We work with executors to ensure they meet every deadline, file the correct accountings, and communicate properly with beneficiaries. This methodical approach is the best defense against personal liability and family disputes.
When Complications Arise
No two estates are the same, and complications are common. A beneficiary may feel they were treated unfairly and decide to contest the will. A previously unknown heir might appear. The deceased may have owned a complex business that needs to be managed or sold. These are not just administrative hurdles; they are emotionally charged events that can stall the process and fracture families.
In these situations, the executor’s counsel is not just a guide but a shield. We represent the estate’s interests, defending the validity of the will against challenges and mediating disputes among beneficiaries. Our role is to keep the process moving forward, focused on the primary goal—honoring the deceased’s intentions while complying with New York law.
Probate doesn’t have to be a source of conflict. With deliberate action and a clear understanding of your duties, serving as an executor can be the final, most meaningful act of service you provide for a loved one. Stewardship.
If you have recently been named an executor in a will and are unsure of your first steps, our firm can schedule a preliminary review of the document to outline your immediate fiduciary responsibilities.
