What is the Role of an Executor in Probate?

Written By Kevin McKernan

What Does an Executor Do? 

An executor is named in a will to carry out the decedent's final wishes. This trusted individual could be a relative, friend, or professional such as a lawyer. 

Executor Duties: 

  • Filing the will 

  • Notifying beneficiaries and creditors 

  • Inventorying and securing all estate assets 

Executor Compensation 

Executors in New York are entitled to statutory commissions based on the value of the estate. These fees must be approved by the court and can help offset the time and effort involved in managing probate matters. 

Tax Responsibilities 

The executor must file the deceased's final income tax return and pay any state or federal estate taxes. 

Common Challenges Faced by Executors

  • Handling real estate in Brooklyn 

  • Family disputes or unclear wills 

  • Out-of-state beneficiaries 

  • Unlocated or hidden assets

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007

Kevin McKernan
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