Choosing the Right Executor for Your Estate

One of the most important decisions you’ll make in your estate plan is choosing who will handle your affairs after you pass away. This person, known as the executor, plays a central role in making sure your wishes are carried out and your estate is settled properly. In New York, the executor has specific legal duties, and not everyone is well-suited for the role.

Choosing the right executor involves more than just picking someone you trust. It requires a clear understanding of what the job involves, how the probate process works, and how your choice may affect your family and the outcome of your plan. A thoughtful decision now can prevent delays, disputes, and added stress for your loved ones later.

What an Executor Is Expected to Do

In New York, the executor is responsible for managing your estate during probate. Probate is the court-supervised process of validating your will, paying off debts, and distributing assets. The executor’s job is to carry out these tasks in a way that complies with the law and honors your wishes.

Typical executor responsibilities include:

• Filing your will with the Surrogate’s Court

• Collecting and valuing all estate assets

• Notifying creditors and paying debts or taxes

• Managing property, including homes or rental units

• Filing final income tax returns

• Distributing assets to your beneficiaries as directed in your will

• Keeping detailed records of all transactions

Depending on the size and complexity of your estate, this role can be time-consuming and last anywhere from a few months to over a year.

Qualities to Look for in an Executor

There’s no one-size-fits-all answer to who should be your executor. Some people choose a spouse or adult child. Others name a close friend or a professional. What matters most is that the person is responsible, organized, and able to manage the duties involved.

Look for someone who:

• Can handle paperwork and deadlines without being overwhelmed

• Is good with finances and attention to detail

• Communicates clearly and handles potential conflict calmly

• Lives in New York or is at least familiar with the state’s legal system

• Is emotionally steady enough to manage your estate during a difficult time

You don’t have to choose someone with legal or financial training, but your executor should be comfortable asking professionals for help when needed. Many executors work with lawyers, accountants, or tax advisors during probate.

Legal Requirements for Executors in New York

Under New York law, your executor must be at least 18 years old and of sound mind. The person should not have a felony conviction, as courts are unlikely to approve a fiduciary who has been convicted of a serious crime.

While you can name someone who lives out of state, there are additional steps they may have to take—such as appointing a New York resident as a co-fiduciary or obtaining a bond. If your chosen executor lives far away or isn’t familiar with the probate process, this can create delays or logistical challenges.

If you’re unsure whether your selected executor is eligible, a New York estate planning attorney can help you assess the situation.

Naming a Backup Executor

Even if you have someone in mind who seems like a perfect fit, things can change. The person you choose may become ill, move away, or no longer be able to serve. That’s why it’s smart to name an alternate, or even a second alternate, in your will.

The backup executor steps in only if your first choice is unavailable or unwilling to act. Including a backup gives the court guidance and prevents the need for the court to appoint someone unfamiliar with your estate.

Choosing Between Family Members and Professionals

In many cases, a family member is the natural choice. They know your wishes, understand your family dynamics, and care about your legacy. But being emotionally involved can also make the job harder, especially if disputes arise among beneficiaries.

If you have a large or complex estate or expect conflict, a professional executor may be a better option. This could be a lawyer, accountant, or corporate trustee. Professionals charge a fee, but they bring experience, neutrality, and the ability to manage complicated estates efficiently.

You can also name co-executors, such as a family member and a professional working together. While this can provide balance, it may also slow things down if the two disagree or have trouble coordinating.

When to Rethink Your Executor Choice

Like every part of your estate plan, your choice of executor should be reviewed over time. Life circumstances change, and someone who seemed like the right choice five years ago may no longer be the best fit.

Consider updating your executor if:

• Your current choice is no longer in good health

• Your relationship with them has changed

• They’ve moved far away or are difficult to reach

• They’ve expressed reluctance to serve

• Your estate has grown or become more complex

Even if everything seems fine, it’s still a good idea to review your plan every few years or after a major life event.

What Happens If You Don’t Name an Executor

If you pass away without a will, or your will doesn’t name an executor, the court will appoint someone to manage your estate. This is usually a close family member, but not always the person you would have chosen. The court-appointed administrator will have similar duties as an executor, but they may not have the same insight into your wishes or relationships.

To avoid this outcome, include a clearly named executor and at least one backup in your will. This helps your family avoid confusion and makes the probate process smoother.

Your Estate Plan Is Only as Strong as the People You Trust to Carry It Out

Selecting the right executor isn’t about picking the smartest or most successful person you know. It’s about finding someone who will follow through on your instructions with care and integrity. The right person can make probate a manageable process for your loved ones. The wrong person—or no one at all—can lead to delays, stress, and unnecessary legal complications.

If you’re unsure who to choose or want help setting up a plan that works for your estate, our New York estate planning team is here to help. We’ll guide you through your options and help ensure your plan is built around people you trust. Reach out today to schedule a consultation. Taking the time to plan now makes a real difference later.