What to Expect: The First 90 Days as an Executor or Administrator in New York State

Losing a loved one is never easy, and navigating the responsibilities that follow can feel overwhelming, especially if you are responsible for administering the estate. You may find yourself navigating grief while facing a host of unfamiliar tasks. This guide outlines what you can expect during the first 90 days as an executor or administrator in New York, helping you better understand your role and the road ahead.

The First Month: Emotional and Practical Priorities

During the first days after losing a loved one, your well-being and that of your family come first. Allow yourself space to grieve and focus on honoring their memory through a funeral, memorial, or celebration of life. Tending to these emotional and ceremonial needs is an important act of care for both you and your family. 

Although an immediate appointment isn’t likely necessary, you should contact your attorney to schedule one.

Secure the Home and Property

Secure the home and property by locking all doors and windows, shutting off running water to prevent leaks, and taking steps to make the house appear occupied. This may include collecting mail, maintaining the lawn, and keeping up with any necessary exterior upkeep. 

Gather Key Documents

Obtain copies of the death certificate, funeral bill, locate the whereabouts of the original will (if one exists) and any trust documents. Review the death certificate to make sure the information is accurate and, if not, have the document corrected. 

Gather information concerning assets, including bank and investment accounts, retirement plans, insurance policies, and real estate. Also note outstanding debts, including credit card debt, loans, medical bills, and utility bills.

The Second Month: Legal Steps 

Once you've taken time to honor your loved one and tend to immediate family needs, the next important step is to consult with an estate attorney to review the decedent’s will or trust, their assets, and determine whether probate is necessary.

To determine whether probating a will or commencing an administration proceeding through Surrogate’s Court is required, your attorney considers whether the deceased owned assets individually and whether the assets named a beneficiary. The value of the asset is also important. In these situations, administration through Surrogate’s Court may be necessary to transfer ownership of those assets.

If a formal proceeding is necessary, your attorney will file a petition for probate of the will and issuance of Letters Testamentary (when a person dies with a will) or for Letters of Administration (when a person dies without a will) with the Surrogate's Court of the county where the decedent was domiciled at the time of their passing. The court will then appoint an executor, if a will exists, or an administrator if there is no will. The time it takes for a will to be admitted to probate (eg. accepted as valid by the court) depends on several factors, including whether there is a will contest or objections to the petitioner acting as fiduciary (term used for an executor or administrator) of the estate. 

In the Capital District area, absent objections to the validity of a will or to the person petitioning for authority over the estate, the court issues Letters usually within two weeks of the petition's submission. 

The Third Month: Managing Assets and Debts

Once the court officially appoints you as executor or administrator, you receive legal authority in the form of Letters Testamentary or Letters of Administration. This document allows you to begin marshaling assets of the estate, including banks and brokerage accounts, manage real estate, and begin the process of liquidating. Insurance companies, utility providers, and creditors should be contacted. If real estate needs to be sold, begin working with the appropriate professionals to facilitate the sale.

An estate bank account should be established to hold estate funds and to pay legal debts. 

Managing debts and creditor claims is a vital part of the process. New York law requires that the estate remain open for at least seven months to allow creditors to submit their claims against the estate. It's important to carefully review debts to determine whether they are valid and, if so, to understand the priority of debts that should be paid. This is especially true when there aren’t enough estate assets to pay all legal debts of the decedent.

Throughout the Process: Key Executor Duties

It's crucial that people act within their legal authority and to follow the express wishes of the decedent. The fiduciary owes a duty to act in the best interest of the estate and to the beneficiaries. A fiduciary should keep accurate records of their actions, never commingle estate funds with their personal accounts, and always maintain neutrality and professionalism, even if family conflicts or tensions arise. 

Additionally, fiduciaries must track every estate transaction, including funds received, bills paid, and any claims settled. Accurate, up-to-date records will not only help you stay organized but also provide necessary documentation for beneficiaries and the courts.

As a fiduciary, it's important to clearly understand your role and how to properly administer the estate. It is important to remember you are legally obligated to follow the will and New York law, not the personal preferences of heirs. Communication with beneficiaries about the administration process is generally helpful. Sharing updates as appropriate builds trust and reduces suspicion that often arises from secrecy. Although you are not required to provide every detail at every stage, keeping lines of communication open and being transparent in your actions can help manage expectations and maintain harmony among beneficiaries. 

Moving Forward With Confidence

Taking on the role of fiduciary is a significant and often emotional responsibility, especially as you manage complex tasks while grieving your loss. It's normal to feel uncertain or overwhelmed in these moments.

Remember, you are not expected to figure this out on your own. Working with an experienced estate attorney is essential. Turning to a trusted professional means you can move through each step with confidence and compassion, knowing you're doing what's right for the estate and the decedent’s beneficiaries.