FastCounsel

Detailed Answer — What to do first and the legal steps available

1. Confirm whether the will is being or has been probated.

   Start by checking the Surrogate’s Court in the county where your sibling lived or owned property to see whether a probate (i.e., administration) has been opened and who the appointed executor (personal representative) is. Surrogate’s Court controls probate and administration in New York. For general rules governing Surrogate’s Court and fiduciary matters, see the Surrogate’s Court Procedure Act (SCPA): https://www.nysenate.gov/legislation/laws/SCPA.

2. Collect and organize key documents and proof of your interest.

   Gather: a copy of the will (if you have one), the death certificate, any written designation showing your cash legacy (the clause in the will that names the bequest), correspondence with the executor, and any records showing the estate’s cash position if you can obtain them. Beneficiaries should keep a clear file of all communications and receipts related to the estate.

3. Make a formal written demand of the executor.

   Send a certified letter (keep a copy and return receipt) asking for: (a) a copy of the will and of any letters testamentary or letters of administration; (b) an accounting or written statement of estate assets and liabilities; and (c) payment of your cash legacy or an explanation why payment is delayed. Courts expect executors to provide information and to act reasonably in administering estates. If the executor replies with a good reason (insufficient funds, creditor claims, ongoing asset sales) you may need to wait; if not, proceed to court remedies.

4. Request an accounting and, if appropriate, interim distribution through Surrogate’s Court.

   Under New York law, beneficiaries can petition Surrogate’s Court to compel an accounting, request turnover of specific property or cash, demand interim distributions when funds are available, or seek other relief. The SCPA gives the court authority to require an executor to file accounts and to answer about estate administration. See SCPA provisions here: https://www.nysenate.gov/legislation/laws/SCPA. If assets are liquid and the executor unnecessarily withholds distribution, the court can order payment.

5. If the executor misappropriated funds or otherwise breaches duties, seek surcharge, removal, or damages.

   Executors are fiduciaries. If an executor has converted estate funds, commingled assets, failed to keep proper records, or acted in bad faith, a beneficiary can ask the Surrogate’s Court to surcharge the executor (monetary liability), remove the executor, or both. Remedies include a constructive trust or an action for breach of fiduciary duty. The Estates, Powers and Trusts Law (EPTL) and the SCPA provide the legal framework for testamentary gifts and fiduciary duties: https://www.nysenate.gov/legislation/laws/EPT.

6. Consider a civil action for conversion or breach of fiduciary duty if appropriate.

   If the Surrogate’s remedies are not timely or sufficient, beneficiaries can also bring a civil suit in the appropriate court to recover misdirected funds. Courts can enter money judgments and force turnover of assets identified as belonging to the estate.

7. Look for simplified procedures if the estate is small.

   When the estate’s assets are limited, New York offers simplified or summary procedures in Surrogate’s Court to avoid full administration. If the estate qualifies for a small estate process, you may obtain faster relief. Check local Surrogate’s Court rules or self-help resources for small estate forms and thresholds: https://www.nycourts.gov/courts/surrogates/.

8. Use alternative dispute resolution when appropriate.

   Mediation or settlement negotiations can resolve disputes faster and at lower cost than full litigation. Courts sometimes order mediation, or parties can agree to it voluntarily.

9. Act promptly and preserve evidence.

   Delays can make recovery harder. Preserve all emails, text messages, letters, bank statements, and any documents that show estate assets or the executor’s communications. If you suspect theft or criminal conduct, you may also contact law enforcement, but criminal investigations proceed separately from civil probate claims.

10. Hire a probate attorney if the executor remains uncooperative or the situation is complex.

    Probate litigation can be technical. A lawyer who practices in Surrogate’s Court can prepare petitions, file for an accounting, move to remove or surcharge an executor, and represent you at hearings. If cost is a concern, some attorneys offer limited-scope help (e.g., preparing a petition) or contingency arrangements in select scenarios.

Where to file and get resources: Surrogate’s Court in the county where the decedent lived or owned property handles probate and estate administration. New York law governing wills, testamentary gifts, and fiduciary duties appears in the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA): EPTL and SCPA. For local forms and self-help information, visit your county Surrogate’s Court web pages on the New York State Unified Court System site: https://www.nycourts.gov/courts/surrogates/.

Helpful Hints

• Keep a written record of every contact with the executor (dates, times, summaries, and copies of messages).
• Send any demand letters by certified mail with return receipt so you can prove the executor received them.
• Before filing in court, ask the Surrogate’s Court clerk or the court’s self-help office whether your county has local procedures or forms for forcing an accounting or requesting an interim distribution.
• If the estate lacks cash to pay legacies, ask whether the executor is selling assets or obtaining loans for estate expenses; an accounting should explain timing and sources of funds.
• Consider requesting an interim accounting and distribution rather than waiting for a final account if you need the legacy to pay bills or settle obligations tied to the estate.
• If the executor is a bank or trust company, contact their fiduciary department and ask for escalation; institutional fiduciaries typically follow formal procedures and timelines.
• Preserve bank statements, canceled checks, and correspondence that show where estate funds moved if you suspect misappropriation.
• If costs are a concern, ask attorneys about limited-scope representation, pro bono resources, or local bar association referral services.