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Choosing an Executor

A New York State Executor Settles An Estate

Choosing an ExecutorA New York State Executor is appointed by the Surrogate’s Court. Typically, the Executor is named in the decedent’s Will and is appointed by the Court when the Will is admitted to probate. A New York City estate planning lawyer can help you with choosing an executor.

The Executor’s job is to collect the decedent’s assets, wind-up the decedent’s affairs, pay all taxes, debts and claims and, finally, distribute the net estate in accordance with the directions in the Will. While this may appear straightforward, there are many complexities involved in each estate and an Executor in New York City has many legal responsibilities regarding the settling of a decedent’s estate.

When preparing an Estate Plan, a person should choose an Executor whom they are confident will carry out the provisions in the Last Will and advance the creators intentions regarding estate beneficiaries.  It may be useful to get the advice of a lawyer on your choice. The Executor is appointed after the Will is admitted to Probate.  In the absence of a Will, the Court appoints an Administrator to settle a decedent's estate. 

Probate is the court process by which a Last Will is validated by the Court.  After a Will is admitted to probate, the Court issues Letters Testamentary to the appointed Executor.  This is the certificate that is given to banks and other third parties which shows that the Executor is authorized  to act on behalf of the estate.  When a person dies intestate, Letters of Administration are issued to the Administrator.  An Administrator is selected according to the provisions that are contained in New York Surrogate's Court Procedure Act Section 1001.  This statute provides the list of persons who have priority to being appointed as Administrator beginning with a surviving spouse, and then children, and grandchildren and moving downward to more distant relatives.

Both an Executor and Administrator have a great deal of authority and responsibility regarding the administration of an estate.  They may be personally responsible if the estate suffers losses or damage.  As estate fiduciaries, they have duties of fair dealing regarding beneficiaries and they cannot take advantage of estate assets or situations for their personal benefit.  When an Executor or Administrator or a Trustee acts improperly he may be found to have breached his fiduciary duties.  Many types of proceedings in Surrogate's Court concern situations regarding a breach of fiduciary responsibility. An attorney may be helpful during this process.

When a fiduciary is ready to conclude the administration of an estate or trust, an Accounting of all transactions is prepared and provided to the beneficiaries for approval.  If there are objections to the accounting, the matter can be resolved by the Court.

I am an attorney and have represented many New York Executors in probate proceedings. I assist my clients with all aspects of probate and estate settlement services. I work closely and personally with executors in New York City and State to probate and settle an estate efficiently and quickly.

For personalized attentive service and a free case evaluation with a New York City lawyer, you can contact me by telephone: (212) 355-2575, fax: (212) 751-5911 or fill out my contact form. I look forward to talking with you about choosing an executor.

Client Reviews
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese