Executor & Trustee Representation in New York

Being named executor in a will or trustee of a trust is a vote of confidence. It also means legal duties to the beneficiaries, the court, creditors, and the tax authorities. Schwartsman Law Group represents executors, administrators, and trustees in New York. We help them get appointed, collect and document assets, deal with creditor claims, keep track of fiduciary tax filing dates, and close the estate or trust through an accounting. If a beneficiary questions your decisions, we defend you in Surrogate's Court.

We are licensed in New York and work with fiduciaries in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island. Call (212) 518-3868 or schedule a free consultation.

Who We Represent

• Executors named in a will who need to offer the will for probate and get letters testamentary.
• Administrators of estates where there is no will, appointed in the order of priority New York law sets.
• Trustees and successor trustees of testamentary trusts and revocable or irrevocable living trusts.
• Co-fiduciaries who share decisions with a sibling, a surviving spouse, or a professional trustee and need clear lines of responsibility.

A fiduciary acts for other people. Many of our clients are also beneficiaries, and they find it helps to separate the role of family member from the role of fiduciary. Having your own counsel makes that easier.

Getting Appointed: Letters from the Surrogate's Court

An executor's authority to act comes from the Surrogate's Court. Under SCPA 1402, a probate petition can be filed by people including legatees, devisees, named fiduciaries, creditors, and other interested persons. Before admitting the will, the court looks into the will and requires proof that it was properly executed and that the testator was competent (SCPA 1408).

Venue depends on where the decedent lived. For a New York domiciliary, the proceeding belongs in the Surrogate's Court of the county of domicile (SCPA 205). For a decedent who lived outside New York, venue can lie in a county where property was left, and the court where the first proceeding is brought keeps jurisdiction (SCPA 206). Our clients' matters are usually in one of these courts:

• New York County (Manhattan) Surrogate's Court, 31 Chambers Street
• Kings County (Brooklyn) Surrogate's Court, 2 Johnson Street
• Queens County Surrogate's Court, 88-11 Sutphin Blvd., Jamaica
• Bronx County Surrogate's Court, 851 Grand Concourse
• Richmond County (Staten Island) Surrogate's Court, 18 Richmond Terrace
• Nassau County and Suffolk County (Riverhead) Surrogate's Courts on Long Island

Preliminary Letters When Something Can't Wait

Probate can take time, especially if someone files objections or a distributee is hard to serve. Meanwhile a house may need insurance, a business may need someone in charge, or an account may need attention. Under SCPA 1412, a named executor can make a written request for preliminary letters once the probate petition has been filed and process has issued, or earlier if the court allows. Priority goes to the executor named in the latest will. The court may limit the preliminary executor's powers and may require or waive a bond. A decree denying probate revokes preliminary letters.

Administration When There Is No Will

When there is no will, SCPA 1001 sets the order of priority for letters of administration: the surviving spouse, then children, grandchildren, a parent, siblings, and then other distributees, with preference to those taking the largest share. For very small estates, SCPA 1301 provides a simpler small-estate procedure where the decedent's personal property has a gross value of $50,000 or less.

Marshaling Assets and Building the Inventory

After appointment, the fiduciary's first big job is finding, securing, and documenting what the decedent owned or what the trust holds. In practice, this involves:

• Opening an estate or trust account and keeping fiduciary funds apart from personal funds.
• Getting date-of-death values for bank and brokerage accounts, real property, business interests, and personal property.
• Telling financial institutions about the fiduciary's appointment and retitling or collecting assets.
• Insuring and maintaining real property until it is sold or distributed.
• Recording every receipt and disbursement as it happens, not reconstructing them months later.

Trustees should also confirm what the trust actually owns. Under EPTL 7-1.18, a lifetime trust is valid only to the extent assets were transferred to it. A recital in the trust document saying property is held in trust does not count as a transfer. Assets that were never retitled may need to be handled through the estate; we review this with you.

A detailed inventory, kept from the first day, is the basis for every later step: paying creditors, filing tax returns, calculating commissions, and preparing the final accounting.

Creditor Claims: SCPA 1802 and 1803

Paying debts in the wrong order or too early can expose a fiduciary to personal liability, so creditor practice deserves care. Under SCPA 1802, the key period is seven months from the issuance of the first letters. A fiduciary who pays claims or distributes in good faith after that period is entitled to the good-faith payment protection SCPA 1802 provides. That protection is why careful executors usually wait out the seven-month window before making significant distributions.

SCPA 1803 governs how a creditor presents a claim. The claim must be in writing and state the facts it is based on and the amount claimed. It is delivered to the fiduciary personally or by certified mail. We help fiduciaries:

• Log each claim with the date it was received and how it was presented.
• Review whether a claim is documented and supported, and question claims that are not.
• Decide when to pay, when to compromise, and when to reject a claim and let the court decide.
• Schedule distributions so the estate does not run short of funds for valid debts and expenses.

Fiduciary Income Tax Filing Dates

An estate or trust that earns income after the date of death may have to file its own income tax returns: federal Form 1041 and New York Form IT-205. Missed tax deadlines are a common source of complaints against fiduciaries, so we put these dates on the calendar early.

Return	General due date	Calendar-year example
Federal Form 1041 (estates and trusts)	15th day of the 4th month after the close of the tax year (IRC 6072(a); IRS Form 1041 instructions)	Tax year 2025: due April 15, 2026
New York Form IT-205 (fiduciary income tax)	15th day of the 4th month after the close of the period (Form IT-205 instructions)	Tax year 2025: due April 15, 2026

Some estates use a fiscal year instead of a calendar year. Then the due date moves with the fiscal year-end, still on the 15th day of the fourth month after the year closes. We work with the estate's accountant or tax preparer so returns, K-1s, and distributions line up.

Larger estates may also have estate tax issues. For deaths in 2026, the New York basic exclusion amount is $7,350,000 and the federal basic exclusion amount is $15,000,000. Whether a return is required, and whether to file one anyway (for example, to elect portability of a deceased spouse's unused federal exclusion), should be decided early in the administration.

Fiduciary Commissions: The Statutory Framework

New York sets the commissions executors and trustees may receive by statute. These are the fiduciary's commissions for serving, not attorney's fees. We do not quote our own legal fees on this page. We discuss engagement terms in a consultation.

Executors and Administrators: SCPA 2307

SCPA 2307 sets commissions on a sliding scale based on the value of property the fiduciary receives and pays out:

Portion of value	Rate
First $100,000	5%
Next $200,000	4%
Next $700,000	3%
Next $4,000,000	2.5%
Over $5,000,000	2%

Half of the commission is for receiving property and half is for paying it out. As a pure arithmetic illustration of the brackets: on a hypothetical $1,000,000 commissionable amount, the rates come to $5,000 + $8,000 + $21,000, or $34,000. The actual commission in any estate depends on which property counts, how many fiduciaries serve, what the will says, and other factors. Treat this as a description of the rate schedule, not a calculation for your estate.

Trustees: SCPA 2309

Trustees are compensated differently. Under SCPA 2309 there is an annual commission measured by the value of the trust principal: $10.50 per $1,000 on the first $400,000, $4.50 per $1,000 on the next $600,000, and $3.00 per $1,000 above that. One-third of the annual commission is charged to income and two-thirds to principal. There is also a paying-out commission of 1% on principal distributed. SCPA 2309 was most recently amended effective January 20, 2026, and the law may change again, so confirm the current text before relying on any figure.

Commissions are often an issue when an accounting is reviewed. Beneficiaries may ask whether commissions were properly calculated. Careful records from the start make that conversation easier.

Accountings: Closing the Estate or Trust

Fiduciaries need a clear record of what came in and what went out. We prepare the accounting and advise on how to close the estate or trust in a way that fits the family and the court file. Call (212) 518-3868 or schedule a free consultation to discuss the paperwork for your matter.

When a Fiduciary's Conduct Is Challenged

Even careful executors and trustees get criticized. Beneficiaries may question how long the estate is taking, the price a property sold for, investment decisions, payments to family members, or the commissions claimed. A beneficiary may raise objections in Surrogate's Court.

We defend fiduciaries in these disputes. We start by organizing the record: the inventory, bank statements, appraisals, correspondence, and the reasons for each decision. Many disputes can be narrowed or resolved once a beneficiary sees a clear, documented accounting. When they cannot, we represent the fiduciary in objections to the accounting and in other contested proceedings in Surrogate's Court.

If you already know there is disagreement, it helps to get counsel before making large distributions or selling major assets, not after.

How We Work With Executors and Trustees

• Start-up review. We review the will or trust, identify the court, list interested parties, and set out the immediate priorities.
• Appointment. We prepare and file the probate or administration petition and, when needed, seek preliminary letters.
• Administration calendar. We track the seven-month creditor period, fiduciary income tax dates, and estate tax decisions in one place.
• Records and inventory. We set up a reporting format so receipts and disbursements are documented as they happen.
• Closing. We prepare the accounting and handle informal or judicial settlement.
• Defense. If a beneficiary objects, we represent you in Surrogate's Court.

We cannot promise how long any probate or administration will take. Timing depends on the court, the assets, and the people involved. We can give you a realistic plan and keep you informed as it moves forward.

Talk With a New York Fiduciary Lawyer

If you have been named executor or trustee, or you are already serving and have questions, call Schwartsman Law Group at (212) 518-3868 or request a free consultation. We will review your situation and explain the next steps.