Detailed Answer
In New York, an executor or administrator (fiduciary) generally must file a final accounting in Surrogate’s Court within nine months of appointment (SCPA 1802). If you need more time, you can ask the court to extend the deadline by filing a motion on notice.
To request an extension:
- Prepare a motion on notice. Draft a motion explaining why you need extra time. Common reasons include delays in gathering financial records or managing complex assets.
- Include supporting documents. Attach a proposed order, an affidavit stating the specific reasons for delay, and a proposed new deadline for filing your final accounting.
- Reference the statutory authority. Cite the court’s power to grant extensions under SCPA 103 (general power) and SCPA 105 (extension of time).
- Serve interested parties. Serve your motion papers on all beneficiaries and interested parties at least eight days before the scheduled court appearance.
- Pay the filing fee. Check the Surrogate’s Court fee schedule. If you qualify as indigent, you may request a waiver.
- Attend the hearing. At the hearing, present your reasons and the proposed timeline. The court will grant an extension if it finds good cause.
Once the court signs the order, file it with the Clerk’s office. Then prepare and file your final accounting by the new deadline.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific case.
Helpful Hints
- Start the extension process at least four weeks before the deadline.
- Be detailed about your reasons and show ongoing progress.
- Get early buy-in from beneficiaries to minimize objections.
- Use clear timelines showing when each task will be completed.
- Consider consulting a probate attorney for complex estates.