Executor & Administrator Appointment Attorney

What It Means to Be Appointed Executor or Administrator

Being named in a will, or being the decedent's closest living relative, gives you the right to ask the court for authority — it doesn't give you the authority itself. Until a Surrogate's Court judge signs off, you can't close accounts, list a house for sale, or even speak to a bank on the estate's behalf. If a will exists and names you, we petition for letters testamentary. If there's no will, New York law sets a strict priority order — spouse first, then children, then more distant relatives — and we petition for letters of administration on your behalf. Either path runs through the same court, with its own paperwork, notice requirements, and waiting periods.

How We Help You Get Appointed

1. We confirm you're eligible to serve. We review the will (if there is one) or the family tree (if there isn't) to confirm you're entitled to priority for appointment before you spend time on a petition that could be challenged.
2. We prepare and file the petition. We draft the probate petition or administration petition, gather the certified death certificate and original will, and file with the Surrogate's Court in the county with jurisdiction over the estate.
3. We handle notice to interested parties. Every distributee and beneficiary has a right to notice or to waive it. We prepare citations and waivers and manage service so a missing signature doesn't stall your case for months.
4. We resolve kinship or will-validity issues. If a family member can't be located, a relationship needs to be proven, or someone questions the will, we handle the additional proof or litigation the court requires.
5. We prepare you for the court appearance. Most appointments require an appearance before a Surrogate's Court clerk or judge. We tell you exactly what to bring and what to expect so there are no surprises.
6. We get your letters issued — and explain what comes next. Once the court issues letters testamentary or letters of administration, we walk you through your duties as fiduciary, from opening an estate account to your accounting obligations to the beneficiaries.

Executor vs. Administrator: Which One Applies to You?

If the decedent left a valid will naming you, you're seeking letters testamentary as executor. If there's no will, or the will doesn't name anyone able or willing to serve, you're seeking letters of administration as administrator, and New York's statutory priority order determines who the court will appoint. Same court, similar mechanics, different starting point — we'll tell you within our first conversation which path applies to your situation and what documents to gather first.

Frequently Asked Questions