The Role of an Executor: Responsibilities and Duties During Probate Administration
Handling someone's estate after they pass can involve several formal responsibilities. The person named to carry out the instructions in a will is known as the executor. This role carries legal authority and significant obligations throughout the probate process. Understanding the duties involved helps clarify what must be done and when.
At Goldstein Mauer PLLC, we provide legal guidance to help clients in the New York City area, including the Boroughs of New York and Long Island. Our firm brings a wealth of experience to every case we handle. With a focus on probate and estate administration, estate planning, estate litigation, and business succession planning, we offer personalized solutions tailored to you and your family’s needs.
Understanding the Probate Process in New York
Probate is the legal procedure for validating a will and overseeing the administration of a deceased person’s estate. In New York, this process begins when the executor files a petition with the Surrogate’s Court in the county where the decedent resided.
If the court determines the will is valid, it issues Letters Testamentary, which legally authorize the executor to act on behalf of the estate.
This stage also allows the court to supervise how the executor distributes property, addresses debts, and resolves claims. Because probate is governed by New York’s Surrogate’s Court Procedure Act (SCPA) and Estates, Powers, and Trusts Law (EPTL), each step must be handled with care and precision.
Accepting the Role of Executor
An executor has the legal right to decline the position, even if named in the will. Before accepting, it’s important to consider the time commitment and responsibilities. Once the executor agrees, they must sign an oath and may need to post a bond unless the will waives that requirement.
After accepting, the executor is legally obligated to act in the best interest of the estate and its beneficiaries. The law holds them to a fiduciary standard, which means they must be honest, impartial, and diligent in every action they take.
Collecting and Securing Estate Assets
One of the first tasks for the executor is identifying and securing all of the decedent’s assets. This includes:
Real estate
Bank and brokerage accounts
Retirement accounts
Personal property such as jewelry, vehicles, or art
Business interests
Insurance policies payable to the estate
If certain assets are held jointly or pass outside probate—such as life insurance with named beneficiaries—they may not be subject to the court process. The executor must still account for all property and protect it from loss or theft. This may involve changing locks on property, collecting valuables, and maintaining insurance coverage.
Notifying Interested Parties
New York law requires the executor to notify all potential heirs, beneficiaries, and creditors. This often means publishing a notice in a local newspaper and sending formal notice to those named in the will. If any heirs contest the will or the executor’s appointment, the court will hold a hearing before issuing Letters Testamentary.
Creditors must be given time to file claims. The executor evaluates each one and determines whether to approve or reject it. This process protects the estate from improper demands and gives valid creditors a chance to recover what’s owed.
Managing Debts and Expenses
Executors are responsible for paying the estate’s obligations. These may include:
Funeral and burial costs
Utility bills and mortgage payments on estate property
Outstanding medical bills
Taxes
Valid creditor claims
To make these payments, the executor may need to sell estate assets or use funds from bank accounts. However, they can’t distribute property to beneficiaries until all valid debts are paid and any disputes are resolved. Failing to address these properly could result in legal action against the executor.
Filing Required Tax Documents
Federal and New York tax filings are another key part of probate. Executors must file:
The final income tax return for the decedent
Any required estate income tax returns (Form 1041)
An estate tax return if the estate exceeds the filing threshold
In New York, estates over $6.94 million (as of 2025) may be subject to state estate tax. Executors must gather records, work with financial institutions, and possibly hire tax professionals to meet all filing requirements. Taxes must be paid before distributing the estate, and the executor may be personally liable for any mistakes.
Distributing Assets to Beneficiaries
Once the court has validated the will, debts are paid, and taxes are filed, the executor may begin distributing the remaining property. Distributions must follow the instructions in the will unless the court orders otherwise. In some cases, specific gifts—like a family heirloom or a sum of money—are given before the remaining assets are divided among residuary beneficiaries.
The executor should document all distributions in writing. Beneficiaries typically must sign receipts confirming they received their share. Keeping clear records helps prevent disputes and protects the executor if questions arise later.
Preparing the Final Accounting
Before the estate can be closed, the executor must prepare a detailed accounting. This includes:
A list of all assets received
Income earned during probate
Payments made for debts, expenses, and taxes
Distributions to beneficiaries
Beneficiaries have the right to review this accounting. If they agree, they sign a waiver and consent to close the estate. If there are objections, the court may hold a hearing to resolve them. Only after the court accepts the final accounting can the estate be officially closed.
Addressing Potential Conflicts
Serving as executor often involves managing expectations and resolving tensions among family members. Disagreements can arise about the terms of the will, how property is valued, or the pace of the administration.
Executors must act neutrally and stick to the instructions in the will and the requirements of New York law. If a dispute can’t be resolved informally, the executor may need to petition the court for guidance. In some cases, they may request permission to step down and have a successor appointed.
Executor Compensation and Reimbursement
New York law allows executors to receive payment for their work, based on a percentage of the estate’s value. The fee structure is set by statute and generally follows this 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 million
2% on amounts over $5 million
Executors may also be reimbursed for out-of-pocket costs, such as travel or postage. However, they must document all expenses and avoid mixing personal funds with estate assets.
When Multiple Executors Are Named
Some wills name more than one executor, often referred to as co-executors. In New York, co-executors must act jointly, which can slow down decision-making. They must agree on each major step, from collecting property to filing documents.
If they can't agree, one may ask the court to intervene or even seek the removal of the other. For this reason, some people choose to name only one executor or include language in the will granting one authority to act independently.
Alternatives to Formal Probate
Not every estate goes through formal probate. In New York, if the estate is valued under $50,000 and doesn’t include real property, it may qualify for a voluntary administration. This simplified process is faster and less costly, but still requires filing paperwork with the Surrogate’s Court.
Executors of small estates must still collect assets, pay debts, and distribute property. The main difference lies in how the court supervises the process and how extensive the documentation must be.
Using Legal Guidance When Needed
Executors often work with probate lawyers to manage the legal and administrative aspects of an estate. These attorneys provide assistance with court filings, tax compliance, and proper asset handling. While not required by law, seeking legal help can reduce the risk of errors or disputes, particularly for larger or contested estates.
Because probate involves many time-sensitive tasks and legal obligations, even experienced executors may benefit from outside input. Doing so helps fulfill the role with care and attention to all applicable duties.
Closing the Estate and Moving Forward
Once the final accounting is approved and all distributions are complete, the executor can formally request to close the estate. This involves filing a petition with the Surrogate’s Court and submitting all required documents. The court reviews everything before discharging the executor from further responsibility.
Closing an estate doesn’t always mark the end of responsibilities. Sometimes, previously undiscovered assets or claims surface after the estate is settled. In such cases, executors may need to reopen probate or address post-closing matters.
Serving as an executor in New York carries significant responsibilities during the probate process. From filing the initial petition to distributing property and preparing a final accounting, each step must comply with state law and the will’s instructions.
Executors should approach their duties with transparency, accuracy, and respect for all parties involved. Staying organized and keeping clear records are key to managing the role effectively.
Contact Goldstein Mauer PLLC Today
By understanding what’s required and acting diligently, an executor can fulfill their responsibilities and carry out the wishes of the deceased with care. At Goldstein Mauer PLLC, we understand the sensitivities involved in the process, and we are here to provide you with comprehensive legal support every step of the way. We serve the New York City area, including the Boroughs of New York and Long Island. Call today to schedule a consultation.
