An executor (named in a will) or administrator (appointed when there is no will) is a fiduciary who must collect the decedent’s assets, pay debts and taxes, and distribute what remains to the beneficiaries — all under New York law and the supervision of the Surrogate’s Court. On Long Island, that usually means securing and ultimately transferring a single-family home, dealing with a boat or business, and accounting to heirs across Nassau or Suffolk. The role carries real legal duties and personal liability.
Executor vs. administrator
Executor: named in a valid will and appointed by the court through letters testamentary. Administrator: appointed when there is no will (intestacy), through letters of administration.
When there is no will, SCPA 1001 sets the priority order for who may serve as administrator: surviving spouse first, then children, then grandchildren, parents, siblings, and more distant kin. The duties are largely the same; the source of authority differs.
Step-by-step duties
- Secure the assets. Lock the home, insure it, and protect a boat or business from loss.
- Obtain letters. File for letters testamentary (or administration) to gain legal authority.
- Marshal and value assets. Inventory the real property, accounts, and personal property.
- Notify and pay creditors. Identify valid debts and pay them in the legal order of priority.
- File taxes. Final income tax returns and any New York or federal estate tax returns.
- Account to beneficiaries. Provide an informal accounting with releases, or a formal judicial accounting.
- Distribute. Transfer the remaining assets — including retitling or selling the home — to beneficiaries.
Executor commissions (SCPA 2307)
New York sets statutory commissions for executors and administrators under SCPA 2307, calculated on the assets received and paid out:
| Estate value (receiving + paying) | Commission rate |
|---|---|
| First $100,000 | 5% |
| Next $200,000 | 4% |
| Next $700,000 | 3% |
| Next $4,000,000 | 2.5% |
| Above $5,000,000 | 2% |
For a typical Long Island estate built around an appreciated home, commissions can be meaningful — and an executor may waive them, especially a family member who is also a beneficiary, since commissions are taxable income while inheritance is not.
Personal liability and the prudent-fiduciary standard
An executor is held to the prudent investor standard (EPTL 11-2.3) and a duty of loyalty. Mismanaging assets, distributing before paying creditors, or self-dealing can expose the executor to personal liability. Prudence — getting appraisals, keeping clean records, and not rushing distributions — is the executor’s best protection.
Declining or being removed
A named executor may renounce (decline to serve) before being appointed; an alternate then steps in. After appointment, a fiduciary can be removed by the court under SCPA 711 for misconduct, conflict of interest, or failure to act. Beneficiaries who suspect mismanagement can petition for removal — see contested estates.
Creditor claims (SCPA 1802)
Creditors generally have seven months from the issuance of letters to present claims under SCPA 1802. A prudent executor waits out this period before making full distributions, because distributing too early can leave the executor personally on the hook for a valid late claim. Debts are paid in a statutory priority order, with administration expenses and taxes ahead of general creditors.
Long Island asset realities
The defining feature of executing a Long Island estate is real property. Unlike a Manhattan co-op (shares and a proprietary lease), a Long Island home is deeded real estate the executor must insure, maintain, possibly sell, and ultimately transfer by deed. Add Suffolk’s common extras — a boat that needs winterizing, a family business, or an East-End second home with its own carrying costs — and the executor’s hands-on responsibilities multiply. The Riverhead courthouse distance also means in-person Suffolk filings take planning.
Frequently asked questions
How much does an executor get paid in New York? SCPA 2307 sets graduated commissions — 5% on the first $100,000, scaling down to 2% above $5 million — based on assets received and paid out.
Can an executor be held personally liable? Yes. Distributing before paying creditors or mismanaging assets can create personal liability under the EPTL 11-2.3 prudent standard.
How long do creditors have to file claims? Generally seven months from the issuance of letters, under SCPA 1802; prudent executors wait out this window before distributing.
Who serves as administrator if there’s no will? SCPA 1001 gives priority to the surviving spouse, then children, then more distant relatives.
This page is informational and not legal advice. If you’ve been named executor on Long Island, book a consultation with Russel Morgan.
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