What to Do as an Executor in New York: A Step-by-Step Probate Guide

Losing a loved one is never easy. When grief is fresh, legal responsibilities can feel overwhelming—especially if you’ve been named as the executor of their will. At Gopen Law, PLLC, we guide clients through the estate administration and probate process with compassion and clarity. If your family member has passed away in New York and you are the named executor, here's what you need to know and do next.

Step 1: Locate the Original Will

The first step is to find the original copy of the will, ideally signed and witnessed in accordance with New York law. It may be stored in:

• A safe deposit box

• The decedent’s home or files

• With their attorney

• At the Surrogate’s Court (a testator can pay a filing fee to file their original will with the Court)

You’ll need the original to file for probate. If it cannot be located, things may get more complicated—contact an estate attorney immediately in that case.

Step 2: Obtain the Death Certificate

You’ll need certified copies of the death certificate, which are available from the New York Department of Health or the funeral home. These are required for probate and for notifying banks, financial institutions, and government agencies.

Step 3: Consult a Probate Attorney

The probate process in New York can be nuanced. As an executor, you’re held to a legal fiduciary standard. An experienced probate lawyer will help you understand your duties, avoid mistakes, and navigate the Court system.

We’ll walk you through the requirements and help you avoid delays or disputes.

Step 4: File a Probate Petition

To officially act as executor, you must be appointed by the Surrogate’s Court in the county where the decedent resided at the time of death. This involves:

• Filing a probate petition and additional paperwork

• Submitting the original will and death certificate

• Notifying heirs and beneficiaries

• Paying court filing fees

If everything is in order (and no one contests the will), the court will issue Letters Testamentary, giving you legal authority to manage and distribute the estate.

Step 5: Inventory the Estate

Once appointed, you must:

• Collect and safeguard all assets (real estate, bank accounts, investments, personal property)

• Identify and notify creditors

• Obtain appraisals where needed

• File an Inventory of Assets with the court

You must also keep detailed records. Executors are fiduciaries and must act in the best interest of the estate and its beneficiaries.

Step 6: Pay Debts and Taxes

Before any distribution, all valid debts, taxes, and expenses must be paid. This includes:

• Funeral expenses

• Administration expenses (expenses pertaining to administering the estate)

• Outstanding bills

• Final income taxes

• Estate taxes (federal or NYS, if applicable)

As the executor, you may also need to file tax returns on behalf of the estate. 

Step 7: Distribute the Estate

After debts are paid and court approvals (if required) are obtained, you can distribute assets as directed in the will. Some beneficiaries may receive:

• Specific bequests (e.g., jewelry or heirlooms)

• Monetary distributions

• Residual shares of the estate

You may also need to prepare an accounting to show how the estate was handled before distributing the estate assets to the beneficiaries.  

Final Thoughts 

Acting as an executor is an important legal duty—one that can be both rewarding and stressful. Gopen Law, PLLC, offers personalized legal support throughout every stage of the probate process and handles your matter with professionalism and care.

Need Help?

Contact Gopen Law, PLLC, for a consultation:

🌐 www.gopenlaw.com