New York Probate Lawyer Blog
The Necessity of Having an Executor or Administrator to Handle a Decedent’s Affairs
Following a person’s death, one of the initial inquiries is whether a decedent needs an estate fiduciary to deal with post-death issues.
The simple view of this concern relates to whether a decedent has any assets such as:
- Bank accounts which must be collected
- Debts or bills which need to be paid
However, the necessity for the appointment of an Executor or Administrator regarding a decedent’s affairs is much more complicated.
Determining Whether Probate or Estate Administration Is Required
To begin, as discussed in many articles in the New York Probate Lawyer Blog, the first order of business is to determine whether a decedent:
- Died leaving a Last Will and Testament, or
- Died intestate (without a Will)
Once this issue is determined, either:
- A probate proceeding to appoint an Executor, or
- An intestate administration proceeding to appoint an Administrator
can be commenced to obtain a fiduciary appointment.
What Does an Executor or Administrator Do?
The primary function of an estate fiduciary is to:
- Collect and protect estate assets
- Pay debts and expenses
- Ultimately distribute the net estate to the beneficiaries
However, the need for a fiduciary extends far and wide regarding affairs relating to the estate.
For example, if a decedent’s assets are subject to outstanding debts, claims, or lawsuits which remain unresolved at death, the fiduciary must settle these matters.
Some cases can be quite complicated since a decedent may have had:
- Ongoing business disputes
- Financial disputes
- Pending litigation
If a decedent is immersed in a divorce at the time of death, the death usually terminates the divorce case unless the divorce judgment was just waiting for judicial approval.
Who Can Pursue Legal Claims After Death?
A decedent may also have had claims against other parties, such as a personal injury lawsuit, which was not yet commenced or completed at the time of death.
A fiduciary would be required to pursue these claims on behalf of the estate.
New York Case Highlights Why an Estate Fiduciary Is Essential
The various types of cases which require the appointment of a fiduciary are innumerable.
A recent case filed in the Nassau County Supreme Court entitled S.C. v. P.C., decided by Justice Jeffrey A. Goodstein on June 3, 2026, provides an interesting example of the need for an Administrator or Executor.
In S.C., the plaintiffs alleged that:
- The defendant married the decedent at a time when the decedent lacked the capacity to provide consent.
- The defendant had wrongfully arranged for the decedent to transfer assets to the defendant prior to his death.
In this case, the plaintiffs sought to:
- Annul the marriage
- Obtain a constructive trust
- Seek other equitable relief based upon unjust enrichment and fraud
However, even though it appears that the decedent left a purported Will, the plaintiffs had not been appointed as estate fiduciaries at the time the lawsuit was commenced.
The defendant sought to dismiss the lawsuit, claiming that the plaintiffs lacked standing.
In its decision, the Court found that the plaintiffs, in their individual capacity, had a valid cause of action to annul the marriage pursuant to the statutory language for annulment.
However, the Court dismissed the other causes of action because they were based in equity, and only an estate representative had the right, or standing, to bring these claims on behalf of the estate.
Do You Have Questions About Probate or Estate Administration?
I have represented clients in estate and Surrogate’s Court matters for over 40 years.
Do you have an estate question?
Call me now for a free confidential review of your issue.
We provide reasonable and flexible fee arrangements and personal representation.
Contact New York Estate Planning Attorney Jules Martin Haas
New York Trusts and Estate Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to:
- Guardianship
- Probate
- Estate settlement
We represent clients throughout New York City, including:
- Manhattan
- Brooklyn
- Queens
- Bronx
- Nassau County
- Suffolk County
Call (212) 355-2575 today for an initial free consultation.