The Role of an Executor in New York

What Is the Role of an Executor in an Estate Plan?

An executor is the person you name in your will to settle your estate after you die. In New York, the executor asks the Surrogate's Court for letters testamentary, then gathers and values your assets, pays valid debts and taxes, and distributes what remains to your beneficiaries as your will directs. The job usually lasts months to a few years.

Naming an executor is one of the most important choices in your will. This person steps into your shoes after your death, deals with the court, and makes sure your instructions are carried out. Knowing what the job involves helps you choose well, and it helps you decide whether to say yes if a relative asks you to serve.

Executor, Administrator, Fiduciary: The Terms

Executor: the person named in a will and appointed by the Surrogate’s Court through letters testamentary (SCPA Article 14).
Administrator: the person appointed when there is no will, through letters of administration (SCPA Article 10).
Personal representative: the umbrella term in New York law for anyone who has received letters to manage an estate (EPTL § 1-2.13).
Fiduciary: anyone legally bound to act for the benefit of others, including executors, administrators, and trustees.

The Executor’s Job, Step by Step

Find the original will and secure important papers and property.
File a probate petition with the Surrogate’s Court in the county where the person lived (for an Albany County resident, the Albany County Surrogate’s Court), along with the will, a certified death certificate, and the filing fee.
Notify the distributees, meaning the close relatives who would inherit without a will, by collecting their waivers or serving them with a citation.
After receiving letters testamentary, get a tax identification number (EIN) for the estate and open an estate bank account.
Inventory and value the assets.
Handle creditors. An executor who waits until 7 months after receiving letters to distribute is protected against claims they did not know about (SCPA § 1802).
File tax returns: the final personal income tax returns, estate income tax returns, and, when the estate is large enough, a New York estate tax return (Form ET-706), due 9 months after death.
Account to the beneficiaries, or to the court, for everything that came in and went out.
Distribute the remaining assets and close the estate.

Who Can Serve

Most adults can serve. Under SCPA § 707, the court will not issue letters to a minor, a person judged incompetent, a felon, or, with limited exceptions, a non-U.S. citizen who does not live in New York. A U.S. citizen who lives in another state can serve, although distance makes the work harder.

Is the Executor Paid?

Yes. New York sets executor commissions by statute as a sliding percentage of the property the executor handles (SCPA § 2307). An executor can waive the commission, and family members who are also beneficiaries often do. Either way, the executor is reimbursed for reasonable estate expenses.

Choosing Well

Pick someone organized, trustworthy, and able to stay neutral if the family disagrees. Talk with the person before you name them, and always name a successor in case your first choice cannot serve. Our guide to choosing your fiduciaries covers what to look for.

How Seraj Law Can Help

We help clients choose and name the right executor in their wills, and we explain to named executors what the role involves before they accept it. Contact us with questions about either side of the job.