Do you have options if you weren’t notified about a parent’s estate accounting in New York?

Short answer (what you need to know right away): Yes — under New York law interested persons who did not receive proper notice can often challenge an executor’s or administrator’s accounting, seek to be added to the proceeding, and ask the court for relief such as setting aside distributions, surcharging the fiduciary, or requiring a supplemental accounting. Act quickly. Probate and accounting matters are time-sensitive and procedural rules matter. This is not legal advice; it is general information about New York law.

Detailed answer — how the process works in New York

In New York, estate administration is governed primarily by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL). Executors, administrators, and other fiduciaries must file accountings with the Surrogate’s Court and must usually provide notice to interested persons so those persons can review the accounting and object if needed. If you did not receive notice, you still have options.

Key principles:

• Who is an “interested person”—generally beneficiaries named in the will, heirs-at-law, creditors with a valid claim, and others with a financial stake in the estate.
• Fiduciaries owe duties of loyalty and care. An accounting must accurately and completely show the assets received, expenses, distributions, and fees charged.
• Proper notice is critical. If the fiduciary failed to serve required notices or to provide you with an accounting, the court may allow you to object or request relief even after distributions occurred.

Practical steps to challenge an accounting when you received no notice

1. Confirm whether you were an interested person. If you were a beneficiary named in the will or an heir, you are likely an interested person with standing to object.
2. Obtain the probate file and the accounting. Request certified copies of the will, letters testamentary or administration, and the fiduciary’s filed account from the Surrogate’s Court where the estate is filed. Surrogate’s Court records are public; you have a right to view them as an interested person.
3. Check the proof of service. Look for affidavits or certificates showing who was served with notice of the accounting or citation. If the record shows no service on you (or incorrect service), that supports a claim of lack of notice.
4. File a motion or object in court promptly. There are procedural routes to challenge an accounting. Typical options include filing objections to the accounting, making a motion to be made a party or to vacate or set aside certain actions taken without proper notice, or moving to compel a supplemental accounting. The exact paper to file will depend on the facts; a Surrogate’s Court motion often starts with a petition or order to show cause.
5. Ask the court for specific remedies. Remedies may include: (a) setting aside distributions made without proper notice, (b) requiring the fiduciary to file a full accounting, (c) surcharge (money judgment) against the fiduciary for losses caused by misconduct or negligence, (d) removal of the fiduciary if misconduct is shown, and (e) an order extending any deadlines that were missed due to lack of notice.
6. Preserve evidence. Save statements, communications, cancelled checks, asset lists, deeds, insurance policies, appraisals, and any proof that you did not receive notice (for example, a different address on the proof of service than your current address).
7. Consider settlement or mediation. Surrogate’s Courts encourage resolving disputes when possible. Once you’ve reviewed the accounting, a structured settlement discussion or mediation may be faster and cheaper than a litigation battle.

Legal basis & where to read the law

New York’s Surrogate’s Court Procedure Act and the Estates, Powers & Trusts Law set the rules for accountings, notice, and fiduciary duties. Useful statutory resources:

• Surrogate’s Court Procedure Act (SCPA): https://www.nysenate.gov/legislation/laws/SCPA
• Estates, Powers & Trusts Law (EPTL): https://www.nysenate.gov/legislation/laws/EPTL

Those Acts contain numerous specific provisions about who must be notified, how accountings are handled, and what relief the court may grant. Because procedural rules and deadlines vary depending on the type of proceeding and the documents filed, consult those statutes or a lawyer before acting.

Timing — why you should act now

Deadlines in probate matters can be short. Even when you did not receive notice, there are limits on how long you can wait to challenge distributions or to seek relief. Acting promptly preserves evidence and helps ensure you can ask the court to undo any unfair distributions. If you suspect assets were distributed without proper accounting or notice, contact the court clerk or a probate attorney right away.

Possible outcomes

• The court allows your objection, orders a new or supplemental accounting, and may adjust distributions.
• The court finds the fiduciary breached duties and orders a surcharge or removal.
• The court denies relief if there was proper notice or if the delay unreasonably prejudiced the estate or other beneficiaries.

Helpful hints

• Be an active record-seeker: request the full probate file from the Surrogate’s Court immediately.
• Compare the proof-of-service addresses to your own addresses at the time — service by mail requires accuracy.
• Document any attempts to communicate with the fiduciary or other family members about the estate.
• Don’t assume distributions are final — the court can sometimes unwind improper transfers.
• Keep a timeline of events: date of death, probate filing, letters granted, accountings filed, and any communications you receive.
• Talk to a probate attorney in the county where the Surrogate’s Court case is filed. Many firms offer a short initial consultation.
• If cost is a concern, ask about limited-scope representation (hiring a lawyer for discrete tasks such as filing objections or drafting a motion).

How an attorney can help

A probate lawyer will review the court file and the accounting, confirm your standing, identify statutory deadlines, prepare and file the correct motions or objections, gather and preserve evidence, and represent you at hearings. Lawyers also negotiate settlements and advise whether mediation is a realistic option.

Next steps checklist

1. Confirm your status as an interested person.
2. Get certified copies of the probate file and the accounting from Surrogate’s Court.
3. Check proof of service and save all documents.
4. Contact a New York probate attorney quickly to discuss filing objections or a motion for relief.