The Duty of A New York Executor or Administrator To Provide Information To Beneficiaries

The settling of an estate in New York involves numerous stages.  At the outset, after a person dies, decisions must be made as to whether to probate a Last Will and Testament or if intestate Administration is required.  In order to proceed, a Last Will must actually be located or determined not to exist.  Sometimes the original Last Will is easily found amongst a decedent’s personal effects or on file with an attorney.  If located, a Will is then filed with the Surrogate’s Court and the probate process is commenced.  When there is no Will, a petition for intestate Letters of Administration is the path to follow.

Even at this early stage, a decedent’s next of kin and named beneficiaries are anxious to know about the steps being taken to have a fiduciary appointed to handle estate affairs and also to learn about estate assets.  The persons who have the initial opportunity to move forward are those individuals designated as Executors or who have a priority right under the New York estate laws to be appointed as Administrators.

It is very common for parties who have an interest in an estate to contact me and relate that they are not receiving any information from a potential Executor or Administrator as to their progress in obtaining Court appointment.  Unfortunately, in the regular course of events, a named Executor or potential Administrator is not required to report their progress.  If there is an inordinate delay, say the filing of a Will with the Surrogate’s Court, a proceeding can be filed with the Court to require individuals who possess an original Will to file it in the Court.  Also, there may be alternate person’s who would have the statutory right to commence a proceeding for Letters of Administration or Letters Testamentary.

Once an estate fiduciary is appointed, it is possible that there may still be a lack of communication between the fiduciary and estate beneficiaries.  An Executor or Administrator is not under any obligation to keep beneficiaries updated as to the progress regarding estate affairs such as collecting assets or paying estate expenses.  However, all fiduciaries have a duty to provide beneficiaries with a full accounting of their activities before an estate is finalized.  Such an accounting includes a detailed statement of all assets collected, expenses paid and any unpaid obligations.  A person interested in an estate or trust can request that the supervising Court issue an Order requiring the fiduciary to file an account of his actions.  Typically, a Court will allow a period of seven (7) months to expire after appointment before the Court will require an accounting.

Additionally, in the event a beneficiary has specific information regarding a breach of fiduciary duty or a serious transgression, a proceeding may be filed to have the Court remove a fiduciary and revoke his letters of appointment.  Therefore, while an Administrator, Executor or Trustee may not be obligated to keep interested parties updated as to estate or trust administration, there are proceedings by which Court oversight and intervention can be obtained.

I have represented clients in estate and Surrogate’s Court matters for over 40 years.  Proceedings regarding estate affairs can be complicated.  The assistance of an experienced estate and trust lawyer can be essential.  Do you have a question regarding an estate or trust matter.  Call me now for a free confidential review of your issue.  We provide reasonable and flexible fee arrangements and personal representation.

New York Trusts and Estate AttorneyJules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County.  If you or someone you know has questions regarding these matters, please contact me at (212) 355-2575 for initial free consultation.