Being named executor in New York is a 12–18 month job nobody trained you for. This is the whole sequence — what New York requires of you, what is merely sensible, and which statute each requirement comes from.
Voluntary (small-estate) administration available where personal property is at or below this amount. Real property does not qualify.read at source
$50,000
N.Y. SCPA Article 13 (§1301) · last checked 2026-09-05
Executor's commission: 5% first $100k, 4% next $200k, 3% next $700k, 2.5% next $4M, 2% above $5M.read at source
5/4/3/2.5/2%
N.Y. SCPA 2307 · last checked 2026-09-05
If a claim is not presented within 7 months of the issue of letters, the fiduciary is not chargeable for assets paid out in good faith. A safe harbour for the fiduciary, NOT a hard bar on creditors.read at source
7 months
N.Y. SCPA 1802 · last checked 2026-09-05
Inventory of assets generally filed within 6 months of letters.not yet confirmed
6 months
Uniform Rules for Surrogate's Court §207.20 · last checked 2026-07
New York specifics (verify current law with the Surrogate's Court or an attorney): probate is handled in the Surrogate's Court of the county where the person lived; a will is filed with a probate petition and citation to distributees, while an estate with no will uses a petition for letters of administration; voluntary (small-estate) administration may be available if personal property is $50,000 or less (SCPA Article 13); the 7-month period from issuance of letters protects the executor from personal liability for good-faith distributions made after it (it is not a hard claims bar), so executors should not distribute before 7 months (SCPA 1802); an inventory of assets is generally filed within 6 months of letters (Uniform Rules for Surrogate's Court §207.20). General information, not legal advice.
Steps are grouped the way the work actually arrives. Required marks a duty backed by a citation; Recommended marks something that protects you or the estate but is not itself a legal obligation.
Nearly every institution requires an original certified copy.
How: Order through the funeral home or the New York State / NYC Department of Health.
The original signed will is required to file for probate in Surrogate's Court.
How: Check the safe, files, and safe-deposit box; ask their attorney.
You are responsible for protecting estate property from loss starting now.
How: Lock up, collect keys, consider re-keying, keep utilities on for now.
The mail reveals accounts and bills you don't know about.
How: USPS forwarding as 'executor for the estate of…'. Photograph everything into Settle.
Stops benefit payments that would have to be repaid. Survivor benefits are separate — nobody starts them for you.
How: The funeral home usually reports the death — confirm by calling SSA at 1-800-772-1213. If a surviving spouse or child may qualify for survivors benefits or the $255 lump-sum death payment, they must apply themselves; you cannot apply online. Ask about the benefit paid for the month of death, which often has to be returned.
A simplified Surrogate's Court process that avoids full probate/administration.
How: Generally available if personal property is $50,000 or less, excluding certain property (SCPA Article 13). Ask the Surrogate's Court clerk.
Opens the estate and gets you Letters Testamentary. Distributees must receive a citation.
How: File the petition with the original will in the county where they lived. Many executors of straightforward estates use the court's resources or an attorney.
Without a will, the Surrogate's Court appoints an administrator before assets can be handled.
How: File a petition for administration; the court follows the priority order of distributees under EPTL.
Statements, deeds, titles, and tax returns recur constantly through settlement.
How: Photograph everything into Settle as you find it.
Vacancy can limit or void coverage; an uninsured loss drains the estate.
How: Call the insurer and ask about a vacancy endorsement.
Needed for the estate bank account and tax filings.
How: Free at irs.gov, 15 minutes online.
Never mix estate money with your own.
How: Bring Letters, EIN, and a death certificate to the bank.
Freezes accounts against fraud; starts transfers.
How: Write to each institution with a certified death certificate and, once the court issues them, a copy of your Letters. Log who you contacted and when in Settle so you can show the follow-up trail.
Policies pay beneficiaries directly and often quickly.
How: Call each insurer with policy number + death certificate.
Stops fees and identity theft.
How: Notify issuers, then Equifax, Experian, TransUnion.
Small drains add up over a long settlement.
How: Bank statements and forwarded mail reveal them.
New York generally requires the fiduciary to file an inventory of assets within 6 months of the issuance of letters (Uniform Rules §207.20).
How: Settle's inventory report gives you the asset list; file it with the Surrogate's Court.
Uniform Rules for Surrogate's Court §207.20 · last checked 2026-07not yet confirmed
Date-of-death values set tax basis and drive distribution and any NY estate tax.
How: Real estate: appraisal or broker opinion. Keep reports in Settle.
Protects estate value; order of payment matters if funds are tight.
How: Estate account only. If the estate may be insolvent, pause and get advice.
New York's 7-month period (from issuance of letters) protects you from personal liability for good-faith distributions made after it — it is not a hard claims bar. Distributing before 7 months can leave you personally liable if a valid claim appears later (SCPA 1802).
How: Track the 7-month date from when Letters were issued. Keep funds in the estate account until it passes and known claims are resolved.
Penalties accrue against the estate if missed; a New York estate tax return may also be required above the state threshold.
How: A CPA experienced with estates is usually worth it — hand them Settle's reports.
Documented expenses come back to you from the estate.
How: Settle's ledger tracks 'paid personally' items; reimburse with a paper trail.
Distributing before the creditor period closes and debts/taxes are handled creates personal liability.
How: Follow the will (or EPTL intestacy rules). Get signed receipts and releases; keep them in Settle.
Beneficiaries sign releases, or the court settles a formal accounting, to discharge you.
How: Generate Settle's Ledger and Inventory reports; obtain receipts and releases or file for judicial settlement. Keep records for several years.
Settle builds this checklist into a plan you can actually work
The steps above, ordered for your situation in New York, with the deadlines on a calendar, your documents attached to the step that needs them, and an expense ledger for everything the estate owes you back. The plan itself is free.
Every figure on this page links to the statute or court source it came from and shows the date we last read it. 2 of the 5 citations on this page carry the “not yet confirmed” tag. That means we recorded the citation from a secondary source and have not yet read it against the primary statute text ourselves. We could have left those rows out and the page would look better — but it would imply the rest were checked too, which is exactly the impression nobody should be given about a court deadline.
The full registry, including everything we have not confirmed, is published at Where the state information comes from. If the court or your attorney gave you a different date, please tell us at [email protected] — it is the fastest way to get it fixed for the next executor.