Clear guidance. Fiduciary focus. Proper administration.
Executor & Administrator Guidance in New York
Serving as an executor or administrator is an important responsibility that comes with legal duties and personal liability. We guide you through every step so you can fulfill your role with confidence and peace of mind.
You Don't Have to Do It Alone
Whether you were named in a will as executor or appointed by the court as administrator, we help you understand your duties, avoid costly mistakes, and administer the estate in full compliance with New York law.
Our team provides practical, step-by-step guidance tailored to the unique needs of each estate, large or small, simple or complex.
We act as trusted counsel to executors, administrators, and other fiduciaries throughout Western New York.
On This Page
Your Fiduciary Role & Duties
Key Responsibilities
Compensation & Liability
When Help is Needed
New York FAQs
Related Resources
Your Fiduciary Role & Duties
As an executor or administrator, you are a fiduciary, legally and ethically bound to act in the best interests of the estate and its beneficiaries. Your duties include loyalty, care, and good faith.
Put the interests of the estate and beneficiaries above your own.
Comply with New York law and the terms of the governing will.
Make informed decisions and handle estate matters with reasonable prudence.
Keep beneficiaries reasonably informed throughout the process.
Treat all beneficiaries fairly and avoid favoritism.
Maintain detailed accounting and documentation.
Key Responsibilities of an Executor or Administrator
While every estate is unique, most fiduciaries are responsible for:
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Locating and securing estate assets
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Notifying beneficiaries and interested parties
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Opening estate bank accounts and obtaining EINs
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Preparing an inventory of assets (if required)
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Paying debts, taxes, and administrative expenses
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Managing estate property and investments
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Communicating with beneficiaries
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Preparing accountings and documentation
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Distributing assets according to the will or law
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Filing required tax returns
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Closing the estate and obtaining discharge
Probate vs. Administration
If there is a valid will, the process is called probate, and the personal representative is an executor.
If there is no will, the process is administration and the personal representative is an administrator.
Compensation
Executors and administrators in New York may be entitled to compensation for their services, typically a percentage of the estate's value, subject to court approval in some cases.
Learn more about executor fees
Liability
Fiduciaries can be personally liable for breaches of duty, errors, or misconduct. Proper guidance helps you avoid risk and protect yourself throughout the process.
Read more about fiduciary liability
When to Get Help
If the estate is complex, disputes arise, or you are unsure about your duties, having legal counsel can save time, reduce stress, and prevent expensive mistakes.
Schedule a consultation
Helpful Guides & Resources
A complete overview of executor duties from start to finish.
Read More
Understanding fiduciary liability and how to avoid it.
Read More
When you can sell, when you need approval, and how to do it correctly.
Read More
Common reasons for removal and the legal process involved.
Read More
How much executors get paid and how is calculated.
Read More
