"What are the duties of an executor in New York?"

"An executor must obtain Letters Testamentary from the Surrogate's Court, secure estate assets, notify creditors and interested parties, inventory and value assets, pay debts and taxes, file required tax returns, and distribute remaining assets to beneficiaries. An executor is a fiduciary with a legal duty to act in the estate's best interest."

"How long does an executor have to settle an estate in New York?"

"There is no fixed deadline, but probate typically concludes within 6 to 12 months for uncontested estates. Complex or contested estates may take 18 to 24 months or longer. An executor must act reasonably promptly and keep beneficiaries informed of the administration timeline."

"Can an executor be removed in New York?"

"Yes. Under SCPA 710, an executor can be removed for failure to perform duties, mismanagement of assets, self-dealing, or other cause. Any interested party can petition the Surrogate's Court for removal. An executor must act with care and loyalty and cannot use estate assets for personal benefit."

"Do executors get paid in New York?"

"Yes. Executors are entitled to commissions under SCPA 2307: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on amounts over $5,000,000. These are calculated on amounts both received and paid out. Executors who are also beneficiaries often waive commissions to avoid income tax."

"What happens if an executor fails to pay taxes?"

"An executor who distributes assets before paying estate taxes becomes personally liable for the unpaid tax. The executor can be sued by the IRS, the state, or beneficiaries. This is one of the most serious potential liabilities executors face. Consulting with a tax professional is essential."

Executor Duties and Responsibilities in New York

Being named as an executor in a loved one’s will is both a responsibility and a trust. The executor is the person legally responsible for administering the estate: collecting assets, paying debts and taxes, and distributing property to beneficiaries. In New York, the executor’s duties are governed by the SCPA and EPTL, and the Surrogate’s Court provides oversight throughout the process.

This guide explains what an executor must do, in the order it must be done.

Step 1: Obtain Letters Testamentary

An executor has no legal authority until the Surrogate’s Court issues Letters Testamentary. The first step is to file a probate petition with the court, submit the original will and a death certificate, and satisfy the court that the will is valid. Once the will is admitted to probate, the court issues Letters Testamentary to the named executor.

In Westchester County, the probate petition is filed through NYSCEF (the court’s electronic filing system), and the original will is filed in hard copy. The executor should request multiple certified copies of Letters Testamentary, as banks, investment companies, and other institutions will each require one.

For more on this process, see Letters Testamentary in New York.

Step 2: Secure the Estate

Immediately after appointment, the executor must locate and secure all estate assets. This includes:

Real property. Ensure the property is insured, maintained, and secure. Change the locks if the property is unoccupied. Notify the homeowner’s insurance company of the death and confirm coverage continues during administration.

Bank and investment accounts. Notify each financial institution of the death and provide certified copies of Letters Testamentary. Freeze accounts to prevent unauthorized access. Open an estate bank account for depositing income and making estate payments.

Personal property. Inventory valuable personal property (jewelry, art, vehicles, collections). Secure items of value.

Digital assets. Identify email accounts, social media accounts, cryptocurrency wallets, and other digital assets. New York’s Fiduciary Access to Digital Assets Act (EPTL Article 13-A) governs executor access to these accounts.

Business interests. If the decedent owned a business or held interests in an LLC, partnership, or corporation, the executor must determine what authority the governing documents provide and take steps to protect the business during administration.

Step 3: Notify Creditors and Interested Parties

The executor must notify known creditors of the death and the pending estate administration. Under SCPA 1802, creditors have seven months from the date Letters Testamentary are issued to present their claims.

The executor should also notify the Social Security Administration, the Post Office (to redirect mail), any pension or retirement plan administrators, and any insurance companies.

Step 4: Inventory and Value the Assets

The executor must prepare a comprehensive inventory of all estate assets and determine their value as of the date of death (or the alternate valuation date, if elected for federal estate tax purposes). This may require:

Real property appraisals
Business valuations
Appraisals of personal property, art, jewelry, or collections
Date-of-death account statements from financial institutions

Accurate valuation is essential for the estate tax return and for determining each beneficiary’s share.

Step 5: Pay Debts, Expenses, and Taxes

The executor must pay the estate’s legitimate obligations before distributing to beneficiaries. These include:

Funeral and burial expenses. Reasonable funeral expenses are a first-priority obligation.

Administration expenses. Attorney fees, executor commissions, accounting fees, appraisal costs, court filing fees, and other costs of administering the estate.

Creditor claims. Valid claims presented within the seven-month period must be paid. If the estate is insolvent (debts exceed assets), SCPA 1811 establishes the order of priority for payment.

Taxes. The executor must file the decedent’s final individual income tax return, any estate income tax returns (federal Form 1041 and New York Form IT-205), the New York estate tax return (Form ET-706, if required), and the federal estate tax return (Form 706, if required). The executor is personally liable for taxes if he or she distributes estate assets before paying taxes owed.

Step 6: Distribute the Estate

After all debts, expenses, and taxes are paid, the executor distributes the remaining assets to the beneficiaries named in the will. Specific bequests (a particular item or dollar amount to a named person) are distributed first. The residuary estate (everything remaining) is then distributed according to the residuary clause of the will.

Before making final distributions, the executor should obtain releases from each beneficiary, acknowledging receipt of their share and releasing the executor from further liability for the administration.

Step 7: File an Accounting

The executor must account for every dollar that came into and went out of the estate. The accounting can be:

Informal. If all beneficiaries agree, the executor can present an informal accounting and obtain signed receipts and releases from each beneficiary. No court filing is required.

Formal (judicial). If any beneficiary objects to the informal accounting, or if the executor wants the protection of a court decree, the executor files a formal accounting with the Surrogate’s Court under SCPA Article 21. The court reviews the accounting and, if approved, issues a decree settling the account. A judicial settlement provides the executor with legal protection against future claims by beneficiaries.

Executor Commissions

Executors are entitled to commissions for their services, calculated under SCPA 2307 on the following schedule:

5% on the first $100,000
4% on the next $200,000
3% on the next $700,000
2.5% on the next $4,000,000
2% on amounts over $5,000,000

These commissions are calculated on amounts received and paid out by the estate. Both receiving and paying commissions are computed separately and then combined. If there are multiple executors, the commissions are shared.

Commissions are taxable income to the executor. Some executors who are also primary beneficiaries choose to waive commissions to avoid the income tax, since their inheritance is not subject to income tax.

Executor’s Personal Liability

An executor who fails to perform duties properly can be held personally liable. The most common sources of personal liability include:

Distributing assets before paying estate taxes (the executor becomes personally liable for the unpaid tax)
Failing to file required tax returns
Making improper distributions or failing to treat beneficiaries impartially
Wasting or mismanaging estate assets
Self-dealing (using estate assets for personal benefit)

Declining to Serve

An executor is not required to accept the appointment. If you have been named as executor but do not wish to serve, you may renounce the appointment before the court issues Letters Testamentary. Once Letters have been issued, the process for withdrawal is more involved and requires court approval.

Speak with a Westchester Estate Planning Attorney

If you have questions about estate planning, probate, or Surrogate's Court matters in Westchester County, we can help you understand your options.

Schedule a Consultation