Executor Responsibilities in New York: A Long Island Guide

An executor is the person named in a will to settle a New York estate; an administrator does the same job when there is no will. On Long Island, that means collecting the decedent’s assets — usually a Nassau or Suffolk home plus accounts — paying debts and taxes, and distributing what remains to the beneficiaries, all under the supervision of the Surrogate’s Court in Mineola or Riverhead. Executors are fiduciaries: they must act with honesty and care under EPTL 11-2.3, and they can be held personally liable for mistakes.

Being asked to serve is an honor and a burden. This guide explains what the job actually involves and how New York law protects — and constrains — you.

Executor vs. administrator

Executor (definition): The person named in a will to administer the estate; appointed by letters testamentary. Administrator (definition): The person appointed to administer an estate with no valid will; appointed by letters of administration.

	Executor	Administrator
When	There is a will	No valid will (intestate)
Chosen by	Named in the will	Court, by priority under SCPA 1001
Authority document	Letters testamentary	Letters of administration
Distribution rules	Per the will	Per intestacy (EPTL 4-1.1)

When there is no will, SCPA 1001 sets the priority of who may serve as administrator: surviving spouse first, then children, then more remote relatives.

Step-by-step: what an executor must do

1. Secure the will and file for probate (or administration) in the proper Long Island county. See our probate process guide.
2. Obtain letters — letters testamentary or letters of administration — your proof of authority.
3. Marshal the assets — open an estate account, collect balances, and take control of the home, vehicle, boat, or business.
4. Secure and insure property — protect the Nassau or Suffolk house: maintain insurance, secure it against vacancy, keep up taxes and utilities.
5. Notify creditors and pay valid debts by priority.
6. File tax returns — the decedent’s final income taxes and any estate-tax returns (mind the New York cliff).
7. Keep meticulous records of every receipt and disbursement.
8. Distribute the estate to beneficiaries.
9. Account and close — provide an informal or judicial accounting and obtain releases.

Executor commissions (SCPA 2307)

Executors are entitled to statutory compensation — a commission set by SCPA 2307 as a percentage of the assets the executor receives and pays out. The schedule is tiered:

Estate value tier (received and paid out)	Commission rate (SCPA 2307)
First $100,000	5%
Next $200,000	4%
Next $700,000	3%
Next $4,000,000	2.5%
Above $5,000,000	2%

A family member serving as executor may waive the commission (it is taxable income). Note that certain assets — like real property that simply passes to a beneficiary without being sold — may not all count toward the commission base; the calculation has nuances worth confirming.

Personal liability and the prudent-fiduciary standard (EPTL 11-2.3)

An executor is a fiduciary and is held to a high standard. Under EPTL 11-2.3, the Prudent Investor Act, an executor managing estate assets must act with prudence, diversify where appropriate, and avoid speculation. An executor who mismanages assets, pays the wrong people, distributes before debts are settled, or self-deals can be personally liable to the beneficiaries and creditors. This is why careful record-keeping and, often, legal guidance are essential — the executor’s own money is at risk if it goes wrong.

Declining to serve or removing a fiduciary (SCPA 711)

You are not required to serve. A named executor may renounce before being appointed, and the alternate steps in. After appointment, a fiduciary can be removed by the court under SCPA 711 for misconduct — wasting assets, conflicts of interest, dishonesty, or failure to account. Beneficiaries who suspect wrongdoing can petition for removal.

Creditor claims and debt priority (SCPA 1801-1802)

Creditors must be given the chance to present claims, generally within a seven-month window tied to the issuance of letters. Under SCPA 1802, an executor who distributes the estate before this period and before paying valid claims can be personally liable to unpaid creditors. Debts are paid in a statutory order of priority — funeral and administration expenses, then taxes, then general creditors — before beneficiaries receive anything.

Local angle: handling Long Island assets

Long Island executors deal mostly with real property — a deeded house — which means the executor may need to maintain, insure, and ultimately sell or transfer the home. Selling an appreciated Garden City or Huntington home raises estate-tax-cliff questions and basis issues. Other common Long Island assets add wrinkles: a boat (title and marina-slip transfer), a small business (valuation and succession), and a seasonal East-End second home (a separate property to insure and transfer). Unlike a Manhattan co-op executor dealing with a board, a Long Island executor mostly deals with deeds, title companies, and the county clerk.

Frequently asked questions

Do I get paid to be an executor in New York? Yes — SCPA 2307 sets a tiered commission based on the assets you receive and pay out. Family members often waive it because it is taxable income.

Can I be sued as an executor? Yes. As a fiduciary you can be personally liable for mismanagement, improper distributions, or self-dealing. Keep records and follow the EPTL 11-2.3 prudent standard.

What if I don’t want the job? You may renounce before appointment, and the named alternate (or, if none, a court-appointed administrator) takes over.

Can I sell the Long Island house as executor? Generally yes, once you have letters and authority under the will or the SCPA, but coordinate the sale with debts, taxes, and the beneficiaries’ interests.

Serving as an executor in Nassau or Suffolk? Book a 30-minute consultation with Russel Morgan. See also contested estates.