A New York executor (named in a will) or administrator (appointed when there is no will) is a fiduciary who must marshal the estate’s assets, secure property, notify and pay creditors, file tax returns, account to the beneficiaries, and distribute what remains. The role is governed by the SCPA and the EPTL, and a fiduciary who breaches their duties can be held personally liable. Executors are entitled to statutory commissions under SCPA 2307.
The duties are the same in every New York county, but the executor reports to one specific Surrogate’s Court — the one in the decedent’s county of domicile (SCPA 205).
Executor vs. administrator
Executor: the person named in the will to administer the estate; receives letters testamentary. Administrator: the person appointed by the court when there is no will; receives letters of administration. Under SCPA 1001, the right to serve as administrator follows a priority order — surviving spouse first, then children, then other distributees.
The duties overlap almost entirely; the difference is whether a will or the intestacy statute directs the distribution.
Step-by-step executor duties
- Obtain authority — file the petition and receive letters from the Surrogate’s Court.
- Marshal assets — locate, collect, and take control of accounts, real property, and personal property; open an estate account.
- Secure property — change locks, insure real estate, safeguard valuables and any business interests.
- Notify creditors and pay valid debts — in statutory priority order.
- File tax returns — final income tax, and New York/federal estate tax returns if the estate is taxable (see the estate tax guide).
- Keep records and account — track every receipt and disbursement.
- Distribute — pay beneficiaries under the will (or intestacy), obtaining receipts and releases.
- Close the estate — informally with releases, or by judicial accounting.
Executor commissions (SCPA 2307)
New York executors are entitled to statutory commissions under SCPA 2307, calculated as a percentage of estate assets received and paid out, on a graduated scale:
| Amount of estate (received and paid out) | Commission rate (SCPA 2307 — verify current schedule) |
|---|---|
| First $100,000 | 5% |
| Next $200,000 | 4% |
| Next $700,000 | 3% |
| Next $4,000,000 | 2.5% |
| Above $5,000,000 | 2% |
Commissions are taxable income to the executor. A family member who is also a beneficiary sometimes waives commissions because an inheritance is tax-free while a commission is not. Certain assets (such as specifically bequeathed real property) may be treated differently in the commission base — confirm specifics with counsel.
Personal liability and the prudent-fiduciary standard
An executor is held to a fiduciary standard and, in managing investments, to the Prudent Investor Act (EPTL 11-2.3). Mishandling assets — failing to insure property, making imprudent investments, paying the wrong people, or distributing before debts and taxes are settled — can make the executor personally liable to creditors or beneficiaries. This is why careful record-keeping and, often, professional guidance matter.
Renouncing, declining, or removing a fiduciary
A nominated executor may renounce (decline to serve) before appointment, in which case an alternate or administrator serves instead. After appointment, a fiduciary can be removed under SCPA 711 for misconduct — wasting assets, conflicts of interest, failing to account, or dishonesty. A beneficiary who believes the executor is mismanaging the estate can petition the Surrogate’s Court for removal.
Creditor claims and debt priority (SCPA 1802)
Creditors generally have a window — commonly described as seven months from the issuance of letters under SCPA 1802 — to present claims before the executor can safely distribute. Paying beneficiaries before that period closes, while valid debts remain, can expose the executor personally. Debts are paid in a statutory priority (administration expenses, funeral costs, taxes, and then general creditors).
Local asset realities
Because New York is county-based, an executor’s practical work changes with the estate’s location. Downstate executors frequently deal with co-op boards (which must approve the transfer of co-op shares) and high property values that trigger the New York estate-tax cliff. Long Island and suburban executors more often handle single-family homes, vehicles, and boats requiring re-titling. Upstate executors may manage farmland, lake property, or a closely held business. The county Surrogate’s Court is the same forum, but the marshaling work is local.
Frequently asked questions
How much does an executor get paid in New York? Statutory commissions under SCPA 2307 on a graduated scale — 5% on the first $100,000, declining to 2% above $5 million.
Can an executor be held personally liable? Yes — for breaching fiduciary duties, such as distributing before paying debts and taxes or making imprudent decisions.
Can I decline to be an executor? Yes. You can renounce before being appointed; an alternate or court-appointed administrator serves instead.
How long does an executor have before distributing? Generally until the SCPA 1802 creditor period (about seven months from letters) has run and debts and taxes are resolved.
Get executor guidance
Serving as a fiduciary carries real responsibility and real liability. Russel Morgan of Morgan Legal Group helps executors and administrators meet their duties correctly. See the full probate process and what happens when an estate is contested.