New York Executor & Trustee Checklist
You've been named executor or trustee in New York — and probably handed no instructions. This is the ordered list of what to do, in the sequence New York expects it, with the deadlines and terminology that are specific to this state. Work down it, check things off, and nothing important slips.
- Who administers the estate
- Executor (named in a will) or Administrator (intestate)
- Court
- Surrogate's Court (one per county)
- Appointment document
- Letters Testamentary or Letters of Administration (small estates use a Certificate of Voluntary Administration)
- Creditor claim window
- 7-month safe harbor — a fiduciary who distributes after 7 months from the issuance of letters is not personally liable to a late-presenting creditor (SCPA 1802)
- Inventory deadline
- File an inventory of assets with the court within 6 months of issuance of letters
- Trustee notice deadline
- New York has NOT adopted the UTC
- State death tax
- New York estate tax with a 'cliff.' 2026 basic exclusion $7,350,000
If you're the Executor / Personal Representative
The probate track — administering the estate through the Surrogate's Court (one per county).
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This is the document that proves you have authority to act as Executor (named in a will) or Administrator (intestate).
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Publication of a notice to creditors is permitted but not required (SCPA 1801). The practical protection is the 7-month rule; known creditors should still be paid.
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File an inventory of assets with the court within 6 months of issuance of letters (22 NYCRR 207.20).
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No UPC-style 30-day notice. Probate proceeds by citation/service on distributees (SCPA 1403) and a notice of probate on will beneficiaries (SCPA 1409/1410).
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Get an EIN for the estate from the IRS (free at irs.gov, ~10 minutes) — the estate is its own taxpayer and you'll need it before a bank will open an account.
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Open a dedicated estate bank account — every dollar in or out flows through it; commingling estate money with your own is the fastest way to get into trouble.
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Keep receipts and records of every transaction and decision — not just what you did, but why; your final accounting is built from this and it's your protection if a choice is ever questioned.
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Pay valid claims and taxes before distributing anything, in the statutory order — paying family first can leave you personally liable. New York estate tax with a 'cliff.' 2026 basic exclusion $7,350,000; estates over 105% of the exclusion (~$7,717,500) are taxed on the ENTIRE estate, not just the excess. Top rate 16%. No inheritance tax.
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Collect a signed receipt or release from every beneficiary when you distribute.
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By judicial accounting (formal decree) or, more commonly, an informal accounting with receipts, releases, and refunding agreements. Practically gated by the SCPA 1802 7-month period.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
If you're the Trustee
The trust track — administering a trust outside of probate.
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Locate and read the entire trust document, including any amendments and restatements — your powers, limits, and timelines live there.
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New York has NOT adopted the UTC — no 60-day notification statute. Trusts are governed by the EPTL/SCPA; the core duty is to account (EPTL 11-1.7; SCPA 2205 lets interested persons compel an accounting).
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Publication of a notice to creditors is permitted but not required (SCPA 1801). The practical protection is the 7-month rule; known creditors should still be paid.
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Get an EIN for the trust from the IRS — the trust becomes irrevocable at death and files its own returns from that point.
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Retitle and gather the trust assets; hunt down anything never moved into the trust — it may need probate.
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Keep trust assets separate from your own, always — separate accounts, separate records, no exceptions.
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Document every decision, valuation, and distribution as you go.
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Account to the beneficiaries at least annually and at termination.
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Distribute according to the terms of the trust and collect signed receipts and releases.
Good to know in New York
Voluntary Administration (SCPA Article 13) where personal property ≤ $50,000; real property does not qualify.
By judicial accounting (formal decree) or, more commonly, an informal accounting with receipts, releases, and refunding agreements. Practically gated by the SCPA 1802 7-month period.
The SCPA 1802 seven-month rule is the defining creditor/distribution deadline. The estate-tax cliff at 105% of the exclusion can tax the whole estate. Statutory executor commissions (SCPA 2307): 5% of first $100k down to 2% above $5M.
Sources — investigate further
The steps above are drawn from New York's own statutes and courts. To dig deeper:
We'll email you a copy so it's always one click away. No spam — just the checklist and the occasional estate-settlement tip.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
General information, not legal advice. Laws change and county practice varies. When in doubt, talk to a probate attorney licensed in the relevant state.