The first week after a death is a blur of phone calls, paperwork, and decisions nobody feels ready to make, and in New York it's also the week when a few practical missteps can create real headaches later. You don't need every legal question answered right away, but a handful of concrete steps in these early days protect the family and the estate alike.
This guide walks through seven practical steps for the first week — (1) order certified death certificates, (2) secure the home and valuables, (3) notify employer and organizations, (4) pause recurring charges, (5) locate the original will, (6) gather key papers, and (7) call a probate attorney — and flags where New York law puts real limits on what can be done before a court formally appoints someone to act.
Key takeaways
- Apart from paying reasonable funeral expenses and preserving estate property (EPTL 11-1.3), no one, not even the person named executor in the will, has legal authority over estate assets until the Surrogate's Court issues letters — full Letters Testamentary or of Administration, preliminary letters, or, for small estates of $50,000 or less in personal property, the short certificate issued to a voluntary administrator under SCPA Article 13.
- Ordering certified death certificates and locating the original will are two of the most time-sensitive tasks in the first week.
- Certain personal property can be set aside for a surviving spouse or, if there is no spouse, children under 21 under EPTL 5-3.1 even before the estate is formally opened.
- If a contest seems likely or the estate needs urgent protection, a nominated executor can ask the court for preliminary letters testamentary rather than waiting for full appointment.
Days one and two: the immediate practicalities
The funeral home typically initiates the death certificate filing, but someone in the family, often the person who will end up serving as executor, should request several certified copies as soon as they're available, since banks, insurers, and government agencies will each want their own. This is also the moment to secure the decedent's home and valuables: change locks if needed, collect mail, look after pets, and make sure the property is insured and not left unattended for long stretches. Notify the decedent's employer, close friends, and any organizations, like a synagogue, church, or club, that should know quickly. It's also worth pausing recurring charges you can reasonably reach, a gym membership, a subscription service, without touching the underlying bank account itself, since that account still belongs to the estate and is not yet anyone's to manage informally.
Locating the will and key papers
Look through the decedent's files, safe, and desk for an original will, and check whether an attorney's name appears on prior correspondence or tax returns, since many people leave their original will with the drafting attorney. A safe deposit box may also hold it; New York has a specific court procedure for examining a box for a will before any executor is formally appointed. Gather other essentials too: recent bank and brokerage statements, insurance policies, the deed to the home, and a list of debts. If nothing turns up within a reasonable time, don't assume the search is over; a lost or destroyed will can sometimes still be admitted to probate if its contents and due execution can be proven, though that process is considerably more involved than probating an original document that has simply been located.
What you can, and can't, do before Letters issue
Until the Surrogate's Court issues Letters Testamentary or Letters of Administration (or, for a small estate of $50,000 or less in personal property, the clerk issues a voluntary administrator's short certificate under SCPA Article 13), no one has legal power to sell estate property, close accounts titled solely in the decedent's name, or distribute belongings, even to a favorite grandchild who was always going to get it anyway. There are narrow exceptions: EPTL 5-3.1 lets certain personal property be set aside for a surviving spouse or, if there is no spouse, children under 21 fairly early, and a nominated executor facing an urgent need, a house that must be secured, a business that can't sit idle, can ask the court for preliminary letters testamentary under SCPA 1412 while the full probate proceeding continues. Acting outside these boundaries, even with good intentions, can create personal exposure for whoever takes the action.
When to call a probate attorney
Most families benefit from calling an attorney well before the first week is out, particularly if the estate includes real estate, a business, out-of-state property, or family members who may not get along. An attorney can confirm which county's Surrogate's Court has jurisdiction, help assemble the probate petition, and flag any preliminary letters that might be needed to protect the estate in the meantime. Waiting too long rarely helps and sometimes narrows the options available, so an early consultation is usually time well spent even before every document has been located.
How Schwartsman Law Group can help
Schwartsman Law Group PLLC helps New York families navigate the disorienting first days after a death, from identifying the correct Surrogate's Court to requesting preliminary letters when time is short. Founding attorney Marianna Schwartsman, a Fordham Law graduate, and her team serve clients from offices in Brooklyn, Manhattan, and Manhasset, in English, Spanish, and Russian. For guidance on the probate process or the executor's responsibilities, call +1 212 518 3868 or request a free consultation.