What happens when an executor simply goes quiet? I am asked this question more often than almost any other in my practice. A will is admitted to probate, letters are issued, and then months pass with no word from the executor about what is happening to the estate. Beneficiaries start to wonder whether they are being ignored, misled, or worse. The good news is that New York law does not leave them without a remedy. An executor's silence is not the end of the story, it is usually the beginning of a proceeding to compel an accounting.
Every executor and administrator in New York is a fiduciary, which means they hold a legal obligation to manage estate assets for the benefit of the beneficiaries, not themselves. Part of that obligation is keeping an accurate record of what came into the estate, what was paid out, and what remains to be distributed. In most administrations I have overseen, the executor eventually shares that information voluntarily, often through what is called an informal accounting, as I discussed in a prior article. But not every executor cooperates.
Under Surrogate's Court Procedure Act Section 2205, a beneficiary, creditor, or other interested party can ask the Surrogate's Court to order the executor to file a formal accounting. This remedy is available whenever the executor has failed to account within a reasonable time, or when there is a genuine concern that assets are being mishandled. The petitioner files papers with the court along with a citation, which directs the executor to appear and explain why an accounting should not be ordered. That is why I advise clients not to wait indefinitely for cooperation. Once a reasonable period has passed with no communication, filing to compel is usually the most effective way to get answers.
Once the citation is issued, the Surrogate's Court will almost always direct the executor to file the account. If the executor fails to appear or ignores the court's order, the judge has the authority to suspend or remove the executor entirely, a step I described in a previous article on removing a neglectful executor. From there, the accounting is reviewed, objections can be raised if the numbers do not add up, and the estate moves toward a proper judicial settlement.
Beneficiaries should never feel powerless simply because an executor has gone silent. New York law gives you the tools to demand transparency, and I recommend acting on those rights sooner rather than later.
If your loved one's executor has failed to provide an accounting which needs to be compelled through the Surrogate's Court, contact us today at (347) 766-2685 for a free phone consultation.
Contributed by Dan Rose, a local business writer specializing in Estate Accounting services in New York City.
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