The Inside Scoop on Being an Executor: What You Need to Know

Here at Ruth P. George Law PLLC, we take the selection of will executors quite seriously. But why is it so incredibly important, you ask?

They’re just going to read a document and the court is going to help distribute everything in the will….. right?! Well, not exactly - We’re here to really give you the inside scoop, so that when you are the executor you know what to expect, but also so you can thoughtful in your selection of an executor for your own will, and make sure that your loved ones can make the best choices for their situations as well. Being named an executor is one of the highest votes of trust and confidence that someone can place in you, and it means the person who created the will believed in your ability to handle possibly life’s most complex personal task: settling their estate. While it is an honor, being an executor can also be overwhelming, stressful at times, and requires not just the ability to handle a few pieces of paperwork - It’s about honoring someone’s legacy, and requires handling family dynamics with grace, often balancing a mix of financial, emotional, and legal responsibilities.

If you’re stepping into this role in Erie County, New York or other counties in the area, we would love to help you as an executor!  As far as a general guide to give you a few overall insights and common observations, read on!

What Exactly Does an Executor Do?

An executor is the person legally responsible for ensuring that the deceased’s wishes, as specifically outlined in their will, are carried out. This means you’ll be overseeing everything from handling matters before the will is “admitted to probate”, petitioning the court to have the will deemed valid and indeed the decedent’s last will and testament (which requires more than you may think), protecting and safeguarding assets, communicating with heirs and beneficiaries, settling debts, paying estate administration expenses, filing tax returns and working to finalize the estate as well. In a usual probate, there are countless larger and smaller matters to manage, and your actions and decisions can often have significant financial and emotional implications for everyone involved.

Let’s dive into the steps of probate and what makes this role both challenging and deeply meaningful.

Step 1: First Thing’s First! Speak with a Probate Attorney

Before anything else, connect with a local probate attorney. We like to emphasize local, because an attorney who is local can make such a significant difference. An experienced attorney will help you avoid common pitfalls, meet legal requirements, and keep things on track. In Wester New York and the surrounding areas, we help executors as we are familiar with the local surrogates’ court in these areas. Being familiar with the court processes and handling of estate matters can make everything go much smoother for both an executor and family undergoing probate and can speed up what can be an often lengthy and stressful process, whether you’re in New York or beyond!  As well, there are any number of other people, including professionals, that may be needed, such as realtors, accountants, clean-out companies, and so on that will be a part of the local attorney’s network.  This can make the process run more smoothly, as well!

Important Notes:

• It’s Okay to Ask Questions: No one expects you to know everything (or anything!) about probate. A good attorney will guide you step by step and explain all of the legalities in plain language so that you can really grasp what you’re getting into.
• Bring All Relevant Documents: The will, death certificate, and a list of assets and potential debts (as best as you can compile) are helpful starting points. The more prepared you are, the more productive your first meeting will be.  Keep in mind that there can be additional information that you will need to obtain that you would not have guessed was needed.  Or, there can be additional documents, such as another will or a “codicil” that show up or are found.  Bottom line is that you can start with what you have, but keep in mind there can be some twists and turns that you will navigate with your attorney.

Step 2: Filing the Petition

Once you’ve retained an attorney, they will help you file a petition with the Erie County Surrogate’s Court or other courts to officially begin the probate process. This step is the start for the court to (hopefully) issue documents that legally recognize you as the executor which give you the legal authority to act on behalf of the estate.  Each estate has its own set of facts and circumstances that require each petition contain specific information that is required.  Again, there can be more than meets the eye in the initial phase and the idea is to work diligently with your attorney to get the ball rolling as smoothly as possible. 

Keep in Mind:

• There Can be Delays or the Will Might Be Contested: If someone disputes the validity of the will, it can delay the entire process.  However, even if the will is not contested, there can be delays due to any number of reasons, including missing information, unknown information, unknown family relationship, individuals who cannot be located, individuals who are under a disability, lack of documentation from birth certificates, divorce decrees, death certificates, and so on.  Your attorney will be essential in helping you understand the various information and papers needed.  The idea is you want to get the probate petition right, otherwise, there could be even greater problems down the road.  Although sometimes potential delays are inevitable, you will be an important source of information and help in establishing the necessary information for the probate petition.  As well, you and your attorney will work through options and the best way forward given the circumstances.  Sometimes, a preliminary appointment can be obtained when there will be some kind of delay in this initial stage.  This can be so crucial in protecting and safeguarding assets.  Think of even real estate that could rapidly deteriorate, especially in a Buffalo winter!  Or, investment or bank accounts that need to be closely monitored. 
• Court Fees are Needed: Filing fees in New York are based on the size of the estate. Be prepared to pay these upfront and keep receipts for reimbursement from the estate.
• Attorney’s Fees: You’ll establish an attorney-client relationship with your attorney with an engagement letter and, typically, a retainer. You are creating a team! This is a very important start to the probate process as you will be counting on each other for many months (or even years) to come.   

Step 3: Communicating with Beneficiaries

Once you have officially begun the probate process, communication skills as an executor really start to play a big role. It is YOU who is required to handle various matters.  However, you will work with your attorney in regard to various requirements, such as obtaining documents, sending documents and communicating with parties considered interested in the estate.  These kinds of matters can often stir up emotions, especially if there’s tension among family members. In the selection of an executor, family dynamics alone can be an important factor when deciding who your executor should be! If you have a family member who doesn’t get along with anyone else for example, this is really not be the best person to step into an executor role!  Along the course of the estate administration process, there can be challenges and unanticipated problems - for example, a surviving spouse files a “Right of Election” claim, real estate is uninsured and cannot be insured without repairs, a Power of Attorney continuing to use the document after death, a Power of Attorney improperly using the document before death, a beneficiary who passes after the decedent (requiring his/her estate to be opened) and so on!  You will want to remember the guiding principles or working with your attorney and communicating with necessary parties (ie: beneficiaries)!

A Couple Pro Tips:

• Set Expectations Early: Let everyone know what to expect during the process so that there are fewer (or no) surprises down the road. When people know what to expect, there is often less resistance to the usual twists and turns that navigating probate can bring. When beneficiaries are surprised by bumps in the road that they aren’t expecting, this often leads to family conflicts, disputes, and ultimately delays to the probate process as a result. Communication emphasizing that some bumps in the road in even the smoothest probate can be expected, and that probate takes many months - or even years - is the best way to start your role as executor on the right foot.
• Establish Ways to Communicate: It’s so easy to get off track as an executor.  One of the best things you can do, is to realize your important role as an executor and consider family conflicts.  This is even so when relationships seem perfect.  In handling an estate, you will want to determine how communication should occur and how the estate administration will be handled.  We recommend crossing your t’s and dotting your i’s as a responsible executor and this can mean a whole host of actions and communications that you will work with your attorney on.  Sometimes, a meeting with beneficiaries will be so helpful and at other times, an agreement on handling a particular asset will be so helpful.  Going back to that real estate as an example, beneficiaries can completely disagree on how real estate may or should be handled.  A well-meaning executor could allow a beneficiary (or other person) to move into a home belonging to the estate, or an executor could sell real estate to a family friend, or estate beneficiaries may want the home distributed to them as part (or all) of their estate distribution.  There is a lot to be said here.  Once the will is admitted to probate, the terms of the will must be followed.  However, often times, the executor has discretion in making various decisions.  Estate beneficiaries may completely disagree on how an executor is handling matters causing complications down the road.  In any event, there is great opportunity to create an overall plan with your attorney and executor and communicating well with beneficiaries!  This leads to one more point here which is establishing how documents will be sent to parties (ie: estate beneficiaries and so on) and how those documents will be executed properly.  It is a real problem when parties cannot or do not receive legal documents or send them back executed improperly.  This “little” things cause delays which can really be problematic.  It’s just another way of establishing essentials early one for moving matters to move forward efficiently throughout the estate administration process.

Step 4: A Reminder on Wills

We may think it’s “easy” to have a will admitted to probate.  But, there can be a whole host of reasons why this is not the case.  So, let’s take a moment to remember how important it is to have a will that can be proved valid and the decedent’s (the person who passed) last will and testament by Surrogate’s Court! 

A Few Insights:

• Handwritten Wills Aren’t Usually Valid: The vast majority of the time, the State of New York does not recognize handwritten, unwitnessed wills (military personnel is the rare exception). This is a very important consideration, largely because when people think about writing a will they often might start by writing things down by hand.  Remember, you want the a will to be validated by Surrogate’s Court which calls into play various laws and requirements.  A will needs to eventually be deemed valid by Surrogate’s Court before it will mean something!  (And, of course, never think making changes with “notes” on a will are the way to go!) 
• Witnesses May Be Called: If the will isn’t self-proving (meaning witnesses have signed a statement which is also notarized in the proper way), documents need to be obtained by the witnesses after the person passes.  This can be a real problem, even just in regard to locating witnesses who would then have to examine the original will or a court certified copy before signing the document before a notary!  As well, there could be additional requirements by the court or even a will hearing requiring will witnesses to provide testimony in court.  If you think of it, the reason for this and other requirements is to protect individuals in having a will - we need to ensure the document is indeed the decedent’s last will and testament and was prepared, executed and finalized with necessary formalities!
• Anticipate Challenges: If you suspect there might be disagreements over the will’s validity, raise these concerns with your attorney early on. They can help you prepare for potential disputes and mitigate conflicts.

Step 5: Taking Inventory of Assets

As executor, it is your responsibility to identify, locate, and value all assets in the estate. Of course, in working with an attorney, this will be done as a team!  This step is often more involved than people expect - It’s not just about bank accounts and property but also personal belongings, digital assets, and even loyalty rewards programs.

Tips for Making this Easier:

• Search Thoroughly: Look in expected and unexpected places.  Checking the mail diligently, checking old tax returns, inquiring with local banks and so on are some expected places to find information.  But, unexpected places can be brainstormed.  Many people still keep physical documents like stock certificates or life insurance policies tucked away in safes or filing cabinets (or even with another family member).  The key is to be on the lookout for any clues and follow-through to be thorough!
• Track Down Digital Assets: Email accounts, social media profiles, and cryptocurrency wallets may require special attention to access or close (bonus points if you include where to find these items in your own will!)
• Engage an Appraiser: Property may need to be valued.  This can be for real estate, business interests, for unique or high-value items (e.g., antiques, jewelry, art), etc.  A professional appraisal can establish value (for a few different reasons) and prevent further problems down the road, including disputes among beneficiaries.

Step 6: Settling Debts and Taxes

As an executor of a will, one of your many responsibilities is settling the estate which includes handling estate debts and making sure all taxes are paid. This includes the deceased’s final income taxes, estate taxes when they may apply, and real estate mortgages and property taxes. If debts exceed the value of the estate, it will be necessary to follow New York’s rules for prioritizing creditors.

Key Considerations:

• Keep the Estate’s Money Separate: Open an estate bank account to handle estate funds and pay estate administration expenses and debts.  You will never want to mix personal funds with estate funds!
• Taxes Must be Considered: There are personal income tax returns, fiduciary income tax returns, estate tax returns, and, potentially, separate business tax returns that may be part of an estate administration.  Working closely with your attorney is so important in these matters.  Your attorney will also work closely with an accountant to ensure tax returns are properly filed and taxes are paid, as required.  If New York State estate taxes are at play, it’s important to consider how filings will be timely made with taxes timely paid, or otherwise handled.  For more details, visit theIRS’s Estate and Gift Taxes page.

Step 7: Asset Distribution

After estate assets are marshalled, estate debts and taxes paid or settled, it will eventually be time for the executor to distribute estate assets as provided in the will.

What to Watch For:

• Personal Property Can Be Emotional: First off, personal property is sometimes distributed earlier on in the estate administration, as opposed to other property (like real estate or cash, etc.) that may need to be distributed later on.  But, personal property can often be a source of conflict!  Items with sentimental value often cause more disagreements than money. Being both sensitive and transparent when handling personal property can help - Like we said initially, being communicative from the get-go about the plan can help to make the entire process smoother for family dynamics! 
• Formalize Everything: Your attorney will ensure beneficiaries sign receipt and releases for their distributions to document that they’ve received what they were entitled to.  Along the way in the course of estate administration, various documents will be obtained as the executor will want to have proof of everything done with the estate matters.  There can be issues with estate beneficiaries and the idea is to avoid potential issues and disputes at any point during the process.

Step 8: Taking action to Informally or Formally Close the Estate

Phew! You’re in the home stretch! Your final task as executor is submitting paperwork to the court to show you have managed the affairs of the estate and can state there are nothing further to handle.  This can be done in different ways, from an “informal” closing to a “formal” closing.  With an “informal” closing, you are not requesting court involvement and find that you have the necessary agreement among parties to finalize matters.  With a “formal” closing, you are asking the court to review and find that all your actions taken on behalf of the estate were done in a proper manner and in accordance with laws and the will, along with other items.  If you are at the point of concluding estate matters, you should feel quite proud, as being an executor isn’t for the faint of heart in most cases. It requires excellent communication skills, an ability to get along with many different personalities or family members, while also keeping everything very organized and documented through the entire process.  You will work with your attorney to determine how best to “wrap things up”!

Choosing an Executor: Why It’s a Big Deal

If you’re creating your own will, selecting the right executor is one of the most important decisions you’ll make. This role isn’t about choosing your closest family member, and it’s not even always your spouse! It’s about selecting someone who is organized, trustworthy, and capable of managing complex tasks under pressure. Consider discussing your choice with them beforehand to ensure they’re comfortable taking on this responsibility. With the right support, being an executor can be a rewarding opportunity to honor a loved one’s legacy. If you have questions or need help with probate in Williamsville, Buffalo, or anywhere in Western New York, feel free to Contact Us with your questions, or feel free to visit our Probate page for more info about this process as a whole. Whether you need to start the process of probate for a deceased loved one, or are starting to think about your own will, we’re happy to guide you through making the challenging decision of nominating an executor to your will, and can also make sure that your will has all the right moving pieces to make the process as easy as possible for that executor!