The call often comes at an inconvenient hour. A client’s mother has passed away in her Brooklyn home, and my client—named as the executor in her will—is overwhelmed. Grief is the first wave. The second is a flood of questions: What do I do now? Where do I even start? The immediate aftermath of a death is a blur of emotion and logistics. But for the person named as executor, a handful of initial responsibilities are critical and time-sensitive.
For decades, I have guided families through this process. The work is not just about filing papers with the court; it’s about providing a clear, steady path when everything else feels uncertain. The role of an executor is one of stewardship. You are the temporary custodian of a legacy, and your duties begin the moment you are notified.
The First 72 Hours: Securing the Essentials
Before any legal process can begin, there are practical steps that cannot wait. The first few days are about triage—addressing the most urgent needs and securing the decedent’s property.
Your first priority is to obtain multiple copies of the official death certificate. You will need these for nearly every administrative task, from closing bank accounts to claiming life insurance benefits. The funeral home can typically help you order them. I advise my clients to get at least ten copies; it’s far easier to get them now than to request more later.
Next is locating the original will. A copy is not sufficient for Surrogate’s Court. The original document, with its original signatures, is required to begin the probate process. It is often found in a safe deposit box, a home safe, or with the attorney who drafted it. If you cannot find the will, the entire nature of the estate administration changes, so this search is paramount.
Finally, you have a duty to secure the decedent’s assets. This means ensuring their home is locked, valuables are safe, and perishable items are handled. If there is a car, secure the keys. This isn’t about suspicion; it’s about fulfilling your fiduciary duty to protect the estate’s property from loss or damage from day one.
The First Month: Organizing the Estate
Once the immediate needs are met, the focus shifts to administration. This phase is about gathering information and formally establishing your authority to act on behalf of the estate. You will begin notifying institutions of the death—Social Security, any pension providers, financial institutions, and credit card companies.
Start creating a preliminary inventory. You don’t need a formal appraisal yet, but you do need a working list of what the person owned and what they owed. Bank statements, tax returns, deeds, and investment account statements are the raw materials for this task. This initial review helps us understand the size and scope of the estate, which will determine the specific steps we need to take.
Your authority as executor is not automatic—it must be granted by the court. In New York, this happens through a process called probate. The formal process begins when we file a petition for probate with the Surrogate’s Court in the county where the decedent lived. This procedure, governed by the Surrogate’s Court Procedure Act (SCPA) Article 14, asks the court to officially recognize the will as valid and to issue “Letters Testamentary.” These Letters are the legal document that gives you the authority to act—to collect assets, pay bills, and eventually distribute the inheritance to the beneficiaries.
Your Role as Fiduciary: A Duty of Stewardship
Being an executor is more than a checklist. It is a fiduciary role, which carries significant legal responsibility. A fiduciary has a duty to act with unimpeachable loyalty and prudence in the best interests of the estate and its beneficiaries. You cannot, for example, sell the decedent’s home to a friend for a below-market price or decide to live in the property rent-free while the estate is being settled.
Meticulous record-keeping is your best defense against future challenges. Every dollar that comes into the estate and every dollar that goes out must be documented. We advise our clients to open a dedicated estate checking account as soon as they receive Letters Testamentary. All estate funds should flow through this account, creating a clean record for the final accounting that will be provided to the beneficiaries and the court.
Communicate with the beneficiaries. They will have questions about the process and timing. While you are not obligated to provide a minute-by-minute update, keeping them reasonably informed can prevent misunderstandings and conflict. It is a delicate balance—providing transparency while managing expectations about a legal process that often takes longer than anyone hopes.
The duties can feel immense, but they do not have to be faced alone. The law permits you to hire professionals—attorneys, accountants, appraisers—to assist you, with their reasonable fees paid by the estate. Acknowledging what you don’t know is a sign of a prudent fiduciary.
If you have been named as an executor and have the original will, the next prudent step is to schedule a consultation to review the document and map out the probate process. This initial meeting clarifies your duties and establishes a timeline for administering the estate.
