Being named executor of a loved one's estate is an honor, but the first month can feel overwhelming. Between grief, paperwork, and unfamiliar court procedures, it helps to know exactly what needs your attention right away and what can wait. Here is a practical roadmap for the first 30 days after a New York resident passes away.
Secure the Estate and Locate the Will
Your very first job is protective: secure the decedent's home, vehicle, and valuables, and locate the original will (not just a copy). Under New York law, the original document generally must be filed with the Surrogate's Court in the county where the decedent resided. You should also order multiple certified copies of the death certificate, as banks, insurers, and government agencies will each require one.
Begin the Probate Process
If the will names you as executor, you cannot act with full legal authority until the Surrogate's Court issues you Letters Testamentary under SCPA Article 14. Within the first weeks, you should consult with an estate attorney to prepare and file the probate petition, along with the will, death certificate, and a list of interested parties who must receive notice. Our New York probate guide walks through this filing process in more detail.
Identify Assets and Notify Key Parties
While the petition is pending, start compiling an inventory of assets: bank and brokerage accounts, real estate, retirement accounts, and personal property. You should also notify the Social Security Administration, pension providers, and any life insurance companies. Keep meticulous records from day one, since you will eventually need to account to the court and to beneficiaries for everything you do.
- Locate and safeguard the original will and any codicils
- Order certified copies of the death certificate
- Secure real property, vehicles, and valuables against loss or damage
- Consult an estate attorney and file the probate petition in Surrogate's Court
- Begin a written inventory of known assets and debts
- Avoid distributing any assets or paying claims until Letters Testamentary issue
Understand What Not to Do Yet
A common mistake is moving too fast. Do not distribute assets, close accounts, or make promises to beneficiaries before you have Letters Testamentary in hand. Executors who act without authority can face personal liability. If the estate plan also involved a living trust, review our trust administration resources, since trust assets may pass outside probate entirely and require a different timeline.
The first 30 days set the tone for the entire administration, and getting the early steps right can save months of complications later. If you have recently been named executor and are not sure where to start, Schwartsman Law Group is here to help you move forward with confidence. Call us at +1 212 518 3868 or schedule a free consultation to discuss your responsibilities and next steps.
