Do executors get paid in New York?

Yes. New York law entitles executors to statutory commissions under SCPA 2307, calculated as a sliding percentage of the estate assets you receive and pay out. Commissions are taxable income to you, and family members sometimes waive them, especially when the executor is also a major beneficiary — but the work is real, and being paid for it is both legal and legitimate.

Can I be sued personally for mistakes as executor?

Yes — this is the part of the job people underestimate. Beneficiaries can seek to surcharge you, meaning a court orders you to personally repay losses caused by self-dealing, favoritism, premature distributions, or neglected taxes. The protection is process: a separate estate account, complete records, debts and taxes paid before distributions, and professional advice on anything unclear.

Can I hire a lawyer to help me, and who pays for it?

Yes — and reasonable fees are paid from the estate, not by you; see the 'Hire professionals' step for how our flat fee is quoted.

Named Executor or Trustee in NY? Start Here

Someone trusted you enough to put your name in their will or trust — and now that trust has become a job you never trained for, with legal duties, real deadlines, and personal liability if you get it wrong. Take a breath: thousands of ordinary people do this every year, and you are allowed to get professional help, usually paid by the estate. Here is what the job actually involves.

What you actually signed up for: fiduciary duty in plain English

As executor or trustee, you are a fiduciary — legally required to put the estate's and beneficiaries' interests ahead of your own. In practice that means four rules. Loyalty: no self-dealing, no sweetheart deals for yourself or your side of the family. Prudence: manage money carefully, the way a sensible person handles someone else's savings. Impartiality: treat all beneficiaries fairly, including the difficult ones. Transparency: keep records and be prepared to show your work. You are not required to be perfect, and you are not required to be a lawyer or accountant. You are required to be honest, careful, and documented. Most executor disasters trace back to violating one of those four rules, usually casually.

Personal liability: the part nobody warns you about

Here is the sentence every new executor needs to hear: mistakes can come out of your own pocket. Distribute money to beneficiaries before paying known debts or taxes, and if the estate runs short, creditors and the IRS can look to you. Sell the house to your cousin below market, mix estate funds with your own, favor one beneficiary, or ignore tax filings, and beneficiaries can surcharge you — a court order making you personally repay the loss. The protections are unglamorous and effective: open a separate estate account immediately, document every transaction, pay debts and taxes before distributions, get court or beneficiary sign-off on big decisions, and take professional advice early. Careful, documented executors rarely face personal liability.

The timeline: what happens when, roughly

Estate administration runs in phases. First, appointment: filing the will and petition with the Surrogate's Court and receiving letters testamentary — the document banks demand — which in an uncontested estate often takes weeks to a few months. Second, marshaling: finding and securing every asset, valuing them as of the date of death, and notifying interested parties. Third, debts and taxes: paying valid claims in the legal order, filing the decedent's final income tax return, and — for taxable estates — any federal estate tax return (see Taxes, below). Fourth, distribution and closing: paying beneficiaries and obtaining releases or a formal accounting. Simple estates can close within a year; real estate, disputes, or tax issues extend the schedule.

Accountings: your homework, and your protection

An accounting is the formal report of everything that happened on your watch: what came in, what went out, what remains, and where it went. Beneficiaries are entitled to this information, and the court can compel it. Treat the accounting not as a burden but as your shield — an executor who can produce a clean, documented accounting is in a strong position, while one with gaps and missing receipts looks guilty even when innocent. The habit that makes it painless: from day one, run every dollar through the estate account, keep every statement and receipt, and log every decision with a date and a reason. Many estates close informally with beneficiaries signing receipts and releases; contested ones end in a judicial accounting, where your records are the whole game.

Taxes: the returns you are now responsible for

Tax filings are now your job, and missing them has teeth. The decedent's final personal income tax return covers January 1 through the date of death. The estate itself becomes a taxpayer, and if it earns income — interest, dividends, rent, gains on sales — it may need its own fiduciary income tax returns. If the estate is large enough, the federal estate tax return is generally due nine months after death; for 2026 deaths the federal exemption is $15,000,000, while New York's separate estate tax has a $7,350,000 exclusion and a cliff at $7,717,500 that can pull an entire estate into tax. Do not guess at any of this. Hire an accountant experienced with estates — a legitimate estate expense — and calendar every deadline in month one.

Difficult beneficiaries, and when to bring in a lawyer

Sooner or later, most executors meet the difficult beneficiary: the sibling who demands money now, the relative convinced you are hiding assets, the one who threatens to sue over the china. Your defenses are process and paper — communicate regularly in writing, explain the timeline, never promise dates you cannot control, and never make side deals to keep the peace. Know when to bring in a lawyer: a will contest, insolvency, a business in the estate, out-of-state or foreign assets, a beneficiary with a lawyer, or simply a workload beyond you. Hiring help is not weakness; courts expect prudent fiduciaries to do exactly that.

Step by step: what to do, in order

The job rewards method and punishes improvisation. These steps, roughly in order, keep the estate clean and keep you personally protected.

Get appointed before you actUntil the Surrogate's Court issues letters testamentary, you have no legal authority — banks will not talk to you, and actions taken early can create liability. File the original will and petition in the county where the decedent lived; filing fees under SCPA 2402 range from $45 to $1,250 depending on estate size. Secure property in the meantime, but sign nothing as executor.
Open a dedicated estate bank accountThe moment you have letters and the estate's tax ID, open an account in the estate's name and run every dollar through it. Commingling estate funds with your own is the classic self-inflicted wound — it looks like theft even when it is convenience, and it makes your accounting nearly impossible to defend. One account, one paper trail.
Inventory everything and value it at date of deathLocate and list every asset — real estate, accounts, retirement plans, business interests, vehicles, valuables — with its value on the date of death. This inventory drives the court filings, the tax returns, and the beneficiaries' expectations. Get appraisals for the house and anything hard to value; a paid appraisal is cheap insurance against a later dispute.
Pay debts and taxes before anyone inheritsThere is a legally required order: administration expenses, funeral costs, taxes, and valid debts come before beneficiaries. Distribute early and, if money runs short, the shortfall can become personally yours. Calendar the tax deadlines now and resist every plea for an advance.
Communicate with beneficiaries in writing, on a rhythmMost beneficiary fury grows from silence, not delay. Send short written updates on a regular schedule — what is done, what is pending, what the realistic timeline looks like. Written updates manage expectations, create a record of your diligence, and defuse the difficult beneficiary before a grievance hardens into a lawsuit.
Keep records like you will be audited — because you might beEvery receipt, every statement, every decision with its date and reason. Beneficiaries can demand a formal accounting, and the court can compel one; your records are your entire defense. The standing rule: never spend or distribute a dollar you could not explain, with paper, to a skeptical judge a year from now.
Hire professionals — the estate pays, and you may be paid tooReasonable attorney and accountant fees are proper estate expenses, and courts expect prudent executors to use professionals for legal filings, taxes, and disputes; our executor representation is quoted as a flat fee at your free consultation. You are also entitled to statutory commissions for your own work under SCPA 2307, calculated on the estate you handle. Doing this job well is worth being paid for.
The one most people forget The one thing most executors forget: you can say noBeing named in the will is a nomination, not a sentence. If the job is too much — the family too fractured, the estate too tangled, your life too full — you can renounce before appointment, or later resign with court approval, and a successor or the court fills the role. An executor who takes the job reluctantly and does it badly serves no one, including the person who named them.

I've Been Named Executor or Trustee