Can I refuse to be executor of a New York estate?

Yes. Being named in a will does not obligate you to serve. You can decline (renounce) the appointment, and the court will appoint someone else — often a family member, or a professional executor if no one else is available or willing.

Am I personally liable for mistakes I make as an executor?

Yes. Executors can be held personally financially responsible for errors in how they manage, distribute, or account for estate assets, even if the mistake was unintentional.

How is an executor's fee calculated in New York?

New York sets executor commissions by statute, generally as a percentage of the money the estate takes in and pays out. On an hourly basis, that commission often works out to less than minimum wage for the time involved.

What's the alternative to serving as executor myself?

You can hire a probate attorney to guide you through the process, or retain a professional executor to take on the role entirely — particularly useful when the estate includes real estate and you don't live near it.

4 Unexpected Hazards of Being an Executor in New York

4 Unexpected Hazards of Being an Executor 956x538 blog

It’s usually seen as an honor to be named the executor of someone’s will. It shows that the deceased trusted you to manage his affairs fairly, in a manner consistent with his wishes.

That honor gets a lot more complicated when the estate includes a house or apartment in New York and you live somewhere else. Now you’re not just settling accounts — you’re also responsible for a property you may never have seen in person, in a probate system with its own courts, its own timelines, and its own paperwork. Many executors in this position eventually hand the entire estate — probate, executor duties, and the property sale — to one firm rather than trying to manage it long-distance themselves.

What you may not realize going in is how stressful, time-consuming, and just plain difficult the role can be. The heirs think it’s a simple matter of adding up the money and sending out checks, but nothing could be further from the truth. It’s a long slog, dealing with courts, financial institutions, and tax authorities along the way — and it gets harder, not easier, when you’re coordinating all of that from out of state.

If you’ve been asked to serve as executor, be prepared for a few unexpected hazards.

1. You’re assuming significant personal risk

If you make a mistake managing the estate—intentional or not—you’re personally financially responsible. Everything from the way you sell off assets, settle debts, and pay expenses will be scrutinized by the heirs and the court. If something is amiss, you’ll have to make it right out of your own pocket.

Want an example? An executor was under pressure from one of the heirs to advance him the majority of his inheritance, even though it was early in the probate process. Based on the figures the executor had in front of him, he estimated the heir’s share and cut him a check for 80% of it, leaving himself a little room for error that could be made up at settlement if necessary. Unfortunately, there was a huge, previously unknown tax lien against the deceased’s home, which wiped out a lot of the estate’s value. The heir refused to return the money advanced to him to cover the debt, and the executor was forced to pay it from his personal funds.

2. It’s a major drain on your time

The probate process hasn’t caught up to the digital age, and most of the tasks you need to complete as an executor require physically taking paperwork from place to place, meeting in person with court clerks, bank personnel, and government employees. You can look forward to hours on the phone trying to get information from people who aren’t always familiar with probate requirements.

To make matter worse, these are jobs you can’t delegate. The executor is the only one with proper court authority in the form of letters testamentary to conduct business on behalf of the estate. That means you’ll have to do everything yourself, even seemingly insignificant tasks like forwarding the deceased’s mail.

You don’t have to run this yourself.

If the estate includes New York real estate, Anthony S. Park PLLC can serve as your attorney and your professional executor — one firm, handling probate, the estate, and the property sale from start to finish.

Schedule a Free Consultation

3. The heirs can make your life miserable

The heirs generally don’t understand what goes on behind the scenes; they see the executor as the person standing between them and their share of the estate. They may not be happy with the flow of information, can’t understand what’s taking so long, feel as if you’re playing favorites, or in general think you’re not handling things properly.

If they’re really dissatisfied with the way you’re doing your job, they can refuse to accept your accounting or sign a receipt and release—and if things are truly acrimonious, they can file a lawsuit against you. Even if you ultimately win, you’re still on the hook for defending yourself in court.

4. The pay is really bad

The executor’s fee is set by state law, usually as a percentage of the amount of money the estate takes in and pays out. If the probate estate is $50,000, for example, the executor might get paid $2,500. On an hourly basis, however, an executor often makes less than a fast-food cashier.

If you’re a family friend or relative, don’t be surprised if the heirs expect you to waive your fee. Since they don’t really know what goes into settling an estate, it feels to them as if you’re profiting off the death of their loved one.

What you can do if you’re named an executor

Just because you’re named in the will, you don’t have to accept the job. In fact, there are many valid reasons for turning it down:

You don’t live in the county where the estate will be probated.
You don’t have unlimited spare time to handle estate issues.
You are risk-averse and don’t care to expose yourself to so much liability.

If you elect not to serve, the heirs can choose a professional executor, or the court can appoint another qualified individual to take your place.

If you do take on the job, you can avoid many of the most common pitfalls by hiring a probate lawyer to guide you in the process and minimize your personal liability. Hiring a good tax accountant to file the deceased’s tax returns is another smart move. And the simplest way to avoid all four of these hazards is to hire a professional executor from the start.