Detailed answer — overview and legal options under New York law

When an estate administrator becomes unresponsive or refuses to distribute assets, heirs and beneficiaries have several civil remedies in New York. The administrator is a fiduciary and owes duties to the estate and its beneficiaries, including a duty to collect assets, preserve them, pay valid debts and expenses, provide accountings, and distribute remaining estate property according to the will or New York law. If the administrator fails in those duties, beneficiaries may ask the Surrogate’s Court to intervene.

Key duties of an estate administrator

• Collect and safeguard estate assets.
• Notify and pay creditors and handle taxes.
• Keep accurate records and provide accountings when required.
• Distribute assets to heirs or beneficiaries according to the will or statutes.

Practical and legal steps heirs can take

1. Make a written demand. Start with a clear written request to the administrator asking for an update, a preliminary inventory, and a formal accounting by a deadline (for example, 14–30 days). Send by certified mail and keep copies. A written demand documents the problem and may persuade an otherwise inattentive administrator to act.
2. Request an accounting or records. Beneficiaries are entitled to information about estate administration. If informal requests fail, beneficiaries can petition Surrogate’s Court for a formal accounting. The court can compel the administrator to produce books, records, receipts, and a verified accounting of transactions.
3. Petition Surrogate’s Court to compel action, for turnover, or for distribution. If the administrator holds assets that should be distributed or turned over to the estate, beneficiaries can file a petition in the Surrogate’s Court asking the court to order turnover or distribution. The court may issue orders directing the administrator to pay, transfer, or deliver assets.
4. Move to remove the administrator and appoint a successor or temporary fiduciary. If the administrator is grossly negligent, incompetent, absent without good cause, mismanaging assets, or committing misconduct, beneficiaries can ask the court to remove the fiduciary. The court can appoint a successor fiduciary or an interim fiduciary to preserve estate assets.
5. Seek surcharge or monetary relief. If the administrator wasted or misapplied estate assets, acted in bad faith, or failed to perform duties, the court can surcharge the fiduciary. A surcharge is an order that the fiduciary repay the estate for losses caused by misconduct or negligence.
6. Use alternative dispute-resolution (mediation) or settlement. Some Surrogate’s Courts encourage or require mediation in fiduciary disputes. Mediation can be faster and less costly than litigation and may produce enforceable settlement terms about accounting and distribution.
7. Consider criminal or other civil claims. If you reasonably believe the administrator is stealing or committing fraud, you can report the conduct to local law enforcement or to the district attorney. Civil claims (conversion, breach of fiduciary duty) may also be pursued in the appropriate court depending on the facts.

Where in New York law this comes from

New York law gives Surrogate’s Courts broad authority over estate administration, accountings, fiduciary duties, removal and surcharge. See the Surrogate’s Court Procedure Act and the Estates, Powers and Trusts Law for governing provisions and procedures:

• Surrogate’s Court Procedure Act (SCPA) — rules and procedures for filings, accountings, removal and petitions in Surrogate’s Court.
• Estates, Powers & Trusts Law (EPTL) — substantive rules on wills, fiduciary duties, and distributions.
• The New York courts maintain Surrogate’s Court resources and local rules at nycourts.gov — Surrogate’s Courts.

For many practical motions (accounting, removal, surcharge, turnover), Surrogate’s Court petitions and procedures under the SCPA will apply. If you need a specific statute cited for a particular motion, the SCPA chapters on accountings and fiduciary proceedings explain the steps and judicial powers available.

Potential outcomes

• Court orders compelling an accounting or turnover of estate property.
• Appointment of a temporary or replacement fiduciary.
• Surcharge orders requiring the fiduciary to repay misused funds.
• Settlement via mediation, with agreed schedules for accounting and distribution.
• Criminal charges, if there is evidence of theft or fraud (handled by prosecutors separately).

Costs and time vary. Formal Surrogate’s Court proceedings can take months and involve filing fees and attorney fees. However, judges can issue interim orders if the estate faces imminent harm or loss.

Step-by-step checklist for heirs

1. Gather estate documents: will, death certificate, letters testamentary or letters of administration, bank statements, property titles, and any correspondence with the administrator.
2. Send a written demand for an accounting and records (certified mail, return receipt).
3. If no response, consult a probate attorney experienced in Surrogate’s Court practice to evaluate filing a petition for an accounting, turnover, or removal.
4. Consider sending a formal petition to the Surrogate’s Court. The attorney will prepare the necessary papers and advise on local court rules and fees.
5. Explore mediation if the administrator responds and is willing to negotiate. Mediation can be ordered by the court in some counties.
6. Preserve evidence: copy bank statements, emails, memos, and any signs of misappropriation or neglect.
7. If you suspect criminal conduct, consult counsel about contacting law enforcement or the district attorney.

Helpful hints

• Keep records of all communications with the administrator and with the court.
• Be formal: certified letters and written demands create a record useful in court.
• Don’t delay too long. While some timing rules vary, prompt action helps preserve assets and evidence.
• Ask for a limited accounting first. A full accounting can be time-consuming; sometimes an interim accounting resolves questions quickly.
• Consider cost vs. benefit. Small estates sometimes resolve faster through negotiation than through a costly court fight.
• Local Surrogate’s Courts have different procedures and forms. Check the Surrogate’s Court web page for county-specific filing rules: nycourts.gov — Surrogate’s Courts.
• If you are an executor who is unresponsive because of illness or incapacity, the court may permit a temporary administrator. Communicate any legitimate reasons to the court promptly.