Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
When someone dies in New York, the Surrogate’s Court appoints a personal representative (also called an executor or administrator) to manage the estate. Under New York law, the personal representative must provide heirs with specific notices, reports and perform fiduciary duties to ensure transparent administration.
1. Notice of Appointment (SCPA 315)
Within 10 days after receiving letters testamentary or letters of administration, the personal representative must mail or deliver a notice of appointment to every person entitled to share in the estate. This notice informs heirs of their right to examine estate records and file objections. See SCPA 315.
2. Inventory of Estate Assets (SCPA 1802)
Within four months of appointment, the personal representative must file a verified inventory with the Surrogate’s Court listing all real and personal property and estimated values. Heirs may request and receive copies of this inventory to review the estate’s holdings. See SCPA 1802.
3. Periodic Accountings (SCPA 1803–1804)
The representative must file periodic accountings showing all receipts, disbursements and distributions. Prior to each general accounting hearing, heirs must receive at least seven days’ written notice so they can inspect the accounting and raise objections if needed. See SCPA 1803 and SCPA 1804.
4. Fiduciary Responsibilities
As a fiduciary, the personal representative must act in the best interest of the estate and its heirs. Key duties include:
- Safeguarding and preserving estate assets;
- Managing investments prudently;
- Avoiding conflicts of interest;
- Paying valid debts, taxes and expenses;
- Complying with court orders and New York law.
5. Distribution of Assets (EPTL 3-3.7)
After settling debts, expenses and taxes, the personal representative distributes the remaining assets according to the decedent’s will or under the intestacy rules in EPTL 3-3.7. The representative must inform heirs of the proposed distribution plan and anticipated timeline.
Helpful Hints
- Maintain detailed records of all estate transactions and communications.
- Request copies of the probate inventory and accountings early to stay informed.
- Monitor court filings online via the New York State Courts Electronic Filing (NYSCEF) system.
- Consult an attorney before objecting to any accounting or distribution.
- Keep all heirs apprised of court hearing dates and filing deadlines.