Executor Responsibilities in New York

An executor's responsibilities begin almost immediately after learning of the testator's death. The executor's first priority is to locate the original will and file it with the Surrogate's Court in the county where the decedent was domiciled as required by New York law. The executor must then retain a probate attorney and file a probate petition along with the original will, the death certificate, and required filing fees. While the probate proceeding is pending, the executor has an immediate duty to protect and preserve the estate's assets — this means securing real property, ensuring insurance coverage remains in place, and preventing unauthorized access to financial accounts. Importantly, an executor does not have the legal authority to formally act on behalf of the estate until Letters Testamentary are issued by the Surrogate's Court, although limited protective actions are permitted in the interim. The executor should also compile a preliminary inventory of all known assets — bank accounts, investment accounts, real property, personal property, life insurance, business interests, and retirement accounts. Morgan Legal Group assists newly appointed executors in navigating these initial steps across all five New York City boroughs and surrounding counties.

Yes. Under New York SCPA §2307, an executor is entitled to statutory commissions as compensation for administering the estate. These commissions are calculated as a tiered percentage of the value of assets the executor receives and pays out: 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 all amounts above $5,000,000. In addition to principal commissions, executors are entitled to commissions on income received by the estate during administration. The executor is also entitled to reimbursement of reasonable out-of-pocket expenses. An executor may choose to waive their commission if, for example, they are the primary beneficiary and prefer to receive their share through the distribution rather than paying income tax on a commission. If there are multiple co-executors, commissions are generally shared among them, subject to limitations for estates under $300,000. Executor commissions are subject to review and potential objection by beneficiaries in the accounting proceeding. Morgan Legal Group advises executors on calculating their proper commission entitlement and defends it against challenges in contested accountings.

Yes — this is one of the most important aspects of being an executor. An executor in New York is a fiduciary held to a high standard of care in managing the estate's assets. An executor who fails to meet that standard can be surcharged — held personally liable for any losses the estate suffered as a result of the executor's breach of duty. Situations that give rise to personal liability include: distributing estate assets before all valid creditor claims are paid; failing to file timely estate or income tax returns causing interest and penalties; allowing estate property to deteriorate through inattention; investing estate funds in speculative or unsuitable investments; paying personal expenses from estate funds without authorization; engaging in self-dealing such as purchasing estate assets below fair market value; and failing to pursue claims the estate had against third parties. The surcharge proceeding allows beneficiaries to seek a judgment against the executor personally for these losses. Working with an experienced probate attorney throughout the administration is the most effective way to protect an executor from personal liability.

Yes. Being named as executor in a will does not obligate that person to serve — the nomination is simply the testator's expression of preference. Any nominated executor can renounce their right to serve by filing a renunciation with the Surrogate's Court before Letters Testamentary are issued. Once the renunciation is filed, the court will turn to any alternate executor named in the will, or — if no alternate is named or if the alternate also declines — will entertain petitions from interested parties who wish to be appointed as administrator with the will annexed (c.t.a.). However, once an executor has accepted their appointment and Letters Testamentary have been issued, resigning from the role is more complicated. The executor must petition the court for leave to resign and must account for all transactions that occurred during their tenure before the resignation will be accepted. An executor who wishes to resign should consult with probate counsel immediately to understand their obligations for the period of administration already completed. Morgan Legal Group advises both executors who wish to decline appointment and those who wish to resign after Letters Testamentary have been issued, ensuring compliance with all applicable Surrogate's Court requirements.