QUICK START GUIDE FOR NEW YORK ESTATE EXECUTORS AND

ADMINISTRATORS

How Do I Become an Administrator or Executor?

In New York, the Executor / Administrator is appointed by the Surrogate’s Court located in the county where the decedent resided. Once the Will is admitted to probate, the Executor is appointed and may proceed to administer the estate. Note that before the Will is probated, the person named as Executor has no authority to act. If there is no Will, an Intestate Administration proceeding is filed. The court will then appoint an Administrator and he or she will have all of the powers of an Executor.

Understanding the Role of Executors and Administrators

The probate process in New York involves the distribution of a deceased person's assets according to their will. Executors and administrators play a pivotal role in this process, ensuring that the deceased's wishes are followed and that all legal requirements are met. Learn more about the distinct roles and responsibilities of executors and administrators below. Before you take on the job, check out our article “The Pros and Cons of Serving as Executor…”

Executor Responsibilities in New York

An executor is a person named in the deceased's will to manage their estate. Their key responsibilities include: • Identifying and gathering the deceased's assets • Notifying beneficiaries • Paying outstanding debts and taxes • Distributing assets according to the will • Closing the estate

Administrator Responsibilities in New York

An administrator is appointed by the court if the deceased did not have a will or did not name an executor. The administrator's responsibilities are similar to those of an executor and include: • Identifying and gathering the deceased's assets • Notifying distributees • Paying outstanding debts and taxes • Distributing assets according to New York intestacy laws • Closing the estate

The Probate Process in New York: Step by Step Guide

To help simplify the probate process, follow these steps as an executor or administrator in New York:

Step 1: File a Petition for Probate or Administration

Submit a petition to the Surrogate's Court in the county where the deceased resided. If you are the executor, you will need to provide the original will and a certified copy of the death certificate. If you are an administrator, you will need a certified copy of the death certificate and any relevant documentation.

Step 2: Notify Interested Parties

Send official notice to all beneficiaries named in the will. If you are an administrator, notify the deceased's next of kin (distributees).

Step 3: Inventory the Estate

Create a comprehensive inventory of the deceased's assets, including real estate, personal property, financial accounts, and any outstanding debts. It is important to keep meticulous financial records.

Step 4: Settle Debts and Taxes

Pay any outstanding debts, such as credit card bills, loans, and medical expenses, using the assets of the estate. In addition, file any required federal and state tax returns and pay any taxes due.

Step 5: Distribute Assets

As an executor, distribute the assets according to the provisions in the will. As an administrator, follow the New York intestacy laws to distribute assets to the deceased's legal heirs.

Step 6: Close the Estate

Once all debts, taxes, and distributions have been completed, file a final accounting with the Surrogate's Court. This document outlines the estate's assets, debts, and distributions made during the probate process. After the court approves the accounting, the estate can be officially closed.

Executor and Administrator Fees in New York

In New York, executors and administrators are entitled to reasonable compensation for their services. The fees are determined based on a sliding scale, as specified by the New York Surrogate's Court Procedure Act (SCPA). Use our commission calculator to estimate what fee you may be entitled to.

Seeking Legal Assistance for Probate in New York

Managing an estate can be a complex and time consuming task. Many executors and administrators choose to work with experienced probate attorneys to help navigate the legal aspects of estate administration. These professionals can provide valuable guidance and support throughout the probate process, ensuring that all requirements are met and reducing the likelihood of potential complications or disputes.

Benefits of Hiring a Probate Attorney

• Expertise: Probate attorneys have extensive knowledge of estate and probate laws in New York and can help you understand and fulfill your responsibilities as an executor or administrator. • Efficiency: A probate attorney can help streamline the process by preparing necessary documents, guiding you through each step, and addressing any legal issues that may arise. • Dispute Resolution: Probate attorneys can assist in resolving disputes among beneficiaries or between the estate and creditors, helping to prevent costly and time consuming litigation. • Peace of Mind: By working with a probate attorney, you can ensure that the estate is administered correctly and in compliance with New York law, giving you peace of mind and confidence in your role as an executor or administrator.

Don’t go it alone…

Call today 1-800-939-0235

Let us guide you every step of the way

Call 1-800-939-0235

QUICK START GUIDE FOR NEW YORK

ESTATE EXECUTORS AND

ADMINISTRATORS

How Do I Become an Administrator or

Executor?

In New York, the Executor / Administrator is appointed by the Surrogate’s Court located in the county where the decedent resided. Once the Will is admitted to probate, the Executor is appointed and may proceed to administer the estate. Note that before the Will is probated, the person named as Executor has no authority to act. If there is no Will, an Intestate Administration proceeding is filed. The court will then appoint an Administrator and he or she will have all of the powers of an Executor.

Understanding the Role of Executors

and Administrators

The probate process in New York involves the distribution of a deceased person's assets according to their will. Executors and administrators play a pivotal role in this process, ensuring that the deceased's wishes are followed and that all legal requirements are met. Learn more about the distinct roles and responsibilities of executors and administrators below. Before you take on the job, check out our article “The Pros and Cons of Serving as Executor…”

Executor Responsibilities in New York

An executor is a person named in the deceased's will to manage their estate. Their key responsibilities include: • Identifying and gathering the deceased's assets • Notifying beneficiaries • Paying outstanding debts and taxes • Distributing assets according to the will • Closing the estate

Administrator Responsibilities in New

York

An administrator is appointed by the court if the deceased did not have a will or did not name an executor. The administrator's responsibilities are similar to those of an executor and include: • Identifying and gathering the deceased's assets • Notifying distributees • Paying outstanding debts and taxes • Distributing assets according to New York intestacy laws • Closing the estate

The Probate Process in New York: Step

by Step Guide

To help simplify the probate process, follow these steps as an executor or administrator in New York:

Step 1: File a Petition for Probate or

Administration

Submit a petition to the Surrogate's Court in the county where the deceased resided. If you are the executor, you will need to provide the original will and a certified copy of the death certificate. If you are an administrator, you will need a certified copy of the death certificate and any relevant documentation.

Step 2: Notify Interested Parties

Send official notice to all beneficiaries named in the will. If you are an administrator, notify the deceased's next of kin (distributees).

Step 3: Inventory the Estate

Create a comprehensive inventory of the deceased's assets, including real estate, personal property, financial accounts, and any outstanding debts. It is important to keep meticulous financial records.

Step 4: Settle Debts and Taxes

Pay any outstanding debts, such as credit card bills, loans, and medical expenses, using the assets of the estate. In addition, file any required federal and state tax returns and pay any taxes due.

Step 5: Distribute Assets

As an executor, distribute the assets according to the provisions in the will. As an administrator, follow the New York intestacy laws to distribute assets to the deceased's legal heirs.

Step 6: Close the Estate

Once all debts, taxes, and distributions have been completed, file a final accounting with the Surrogate's Court. This document outlines the estate's assets, debts, and distributions made during the probate process. After the court approves the accounting, the estate can be officially closed.

Executor and Administrator Fees in

New York

In New York, executors and administrators are entitled to reasonable compensation for their services. The fees are determined based on a sliding scale, as specified by the New York Surrogate's Court Procedure Act (SCPA). Use our commission calculator to estimate what fee you may be entitled to.

Seeking Legal Assistance for Probate in

New York

Managing an estate can be a complex and time consuming task. Many executors and administrators choose to work with experienced probate attorneys to help navigate the legal aspects of estate administration. These professionals can provide valuable guidance and support throughout the probate process, ensuring that all requirements are met and reducing the likelihood of potential complications or disputes.

Benefits of Hiring a Probate Attorney

• Expertise: Probate attorneys have extensive knowledge of estate and probate laws in New York and can help you understand and fulfill your responsibilities as an executor or administrator. • Efficiency: A probate attorney can help streamline the process by preparing necessary documents, guiding you through each step, and addressing any legal issues that may arise. • Dispute Resolution: Probate attorneys can assist in resolving disputes among beneficiaries or between the estate and creditors, helping to prevent costly and time consuming litigation. • Peace of Mind: By working with a probate attorney, you can ensure that the estate is administered correctly and in compliance with New York law, giving you peace of mind and confidence in your role as an executor or administrator.

Don’t go it alone…

Call today 1-800-939-0235

Let us guide you

every step of the

way

Call 1-800-939-0235
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