The call I get most often starts the same way. A client from Manhattan or one of the boroughs calls, their voice strained. “My mother passed away last night,” they’ll say. “I’m named as the executor in her will. I have no idea what to do first.” The grief is immense, but so is the sudden weight of responsibility. In those first few hours and days, the actions you take—or fail to take—can set the course for the entire estate administration.
Your first role is not as a distributor of assets, but as a custodian. Stewardship. You are now the temporary guardian of a legacy, and the first order of business is to secure it.
The First 72 Hours: Securing the Estate
Practical steps must come before legal papers. The immediate goal is to prevent loss and gather information. If your family member lived alone, this is especially critical. The property needs to be secured—locks changed if necessary—to protect the home and its contents from theft or unauthorized access.
Next, you must locate the essential documents that define the estate. This includes:
- The original Last Will and Testament. A copy is not enough for the court; the original is required.
- Any trust documents, which may govern assets outside the will.
- Deeds to real estate, car titles, and stock certificates.
- Life insurance policies.
- Recent bank statements, investment account statements, and tax returns.
This is not an accounting exercise—not yet. It is an inventory. You are identifying the components of the estate you have a duty to protect. Collecting mail is a simple but effective way to start identifying accounts, assets, and potential creditors.
Petitioning the Surrogate’s Court
Being named as executor in a will does not automatically grant you legal authority. That authority is granted by the New York Surrogate’s Court in the county where the deceased resided. The process of getting that authority is called probate.
To begin, we file a Probate Petition with the court. This petition, along with the original will and a certified copy of the death certificate, formally asks the court to validate the will and officially appoint you as the executor. Under the Surrogate’s Court Procedure Act (SCPA) § 1402, the executor named in the will is the primary party entitled to present it for probate. The court then issues “Letters Testamentary,” the official document that proves your authority to act on behalf of the estate.
Without these letters, banks and financial institutions will not speak with you. You cannot sell a property, access a bank account, or transfer a stock holding. The Letters Testamentary are the key that unlocks your ability to perform your duties.
The Fiduciary Duty: Marshalling Assets and Notifying Creditors
Once you are formally appointed, your fiduciary duty to the estate begins in earnest. This is a legal obligation to act in the best interests of the estate and its beneficiaries—not your own. Your first major task is to “marshal the assets,” which means taking legal control of everything the decedent owned.
This involves more than just a list. You will open a new bank account in the name of the estate. All of the decedent’s liquid assets—from checking accounts to liquidated stocks—must be transferred into this estate account. It keeps the estate’s money separate from your own and creates a clear record for the court and the beneficiaries. For real estate and other tangible property, you are responsible for its maintenance, insurance, and security until it is sold or distributed.
At the same time, you have a duty to identify the estate’s debts. This includes notifying known creditors and publishing a notice to alert any unknown creditors. Legitimate debts must be paid from the estate’s assets before any distributions can be made to beneficiaries. This is a non-negotiable step that protects you from personal liability.
The Human Element of Estate Administration
An executor’s job is not just financial and legal—it is deeply human. You are often dealing with family members in the depths of grief. Their patience may be thin, and their questions frequent. Clear, consistent communication is your best tool for preventing conflict.
Beneficiaries are entitled to be kept reasonably informed about the estate’s progress. You do not need to report every minor action, but providing periodic updates on major milestones—filing the probate petition, selling a major asset, paying final taxes—builds trust and reduces anxiety. In my practice, I have seen that most disputes arise not from malice, but from a lack of information. An executor who communicates clearly and acts impartially is fulfilling a core part of their fiduciary duty.
The process of administering an estate is a marathon, not a sprint. It requires patience, diligence, and an understanding of both the law and the family dynamics at play. It is one of the most significant responsibilities one person can entrust to another.
If you have recently been named an executor and are facing these first steps, the initial task is to create an organized inventory. Before scheduling a consultation, we advise clients to assemble the will and any financial statements they can locate. This allows us to have a productive first meeting focused on building a clear plan for the administration ahead.
