A step-by-step guide to one of the most important estate planning decisions you will make.
April 19, 2026 · Maiaklovsky Preval, Esq.
Choosing the right executor for your will is one of the most consequential estate planning decisions you will make. The executor — sometimes called the personal representative — is the person who steps in after your death to manage your estate, settle your debts, and distribute your assets. Getting this decision right matters.
New York estates can be complex. If you own real property, have retirement accounts, run a business, or have beneficiaries in multiple states or countries — as many of our clients do — the executor’s job is substantive. Here is a step-by-step guide to making the right choice.
Before choosing someone, understand what you are asking of them. An executor in New York must:
This is not a ceremonial role. It requires time, organization, and judgment — often during a period of grief.
Under New York Estates, Powers and Trusts Law (EPTL), an executor must be at least 18 years old, mentally competent, and free of felony convictions. Non-residents of New York can serve as executors, but they must designate the Secretary of State as their agent for service of process — an added step that can create complications.
Practical note: A non-resident executor is legally permissible but can slow down the process. If you are choosing between an out-of-state family member and a local one, the local choice typically makes administration smoother.
Have a real conversation with your intended executor about what the job involves before naming them. Many people are honored to be asked and do not realize how much work is involved.
The executor must track deadlines, manage financial accounts, communicate with beneficiaries, and interact with the court. Emotional closeness matters less than reliability.
Naming one adult child over another can create conflict. If your estate is likely to be contested, consider an impartial professional executor.
Estate administration in New York typically takes 9 to 18 months. Your executor needs to have time to do the job.
An estate attorney or corporate trustee can serve as executor for complex estates. They charge a fee — set by New York law as a percentage of the estate — but bring expertise and neutrality.
If your primary executor cannot serve (due to death, incapacity, or unwillingness), a named successor ensures continuity without court intervention.
Life changes. Divorce, estrangement, death, or relocation can all affect your executor choice. Review your will every three to five years.
The executor must be named in a properly executed will — signed in the presence of two witnesses who also sign. A handwritten note or informal designation has no legal effect in New York.
Give your executor a secure document listing your accounts, property deeds, insurance policies, digital assets, and their locations. This is separate from the will and can be updated without a formal amendment.
New York estate law has specific requirements. An estate planning attorney can ensure your executor is properly designated, your will is validly executed, and your overall estate plan reflects your intentions.
New York law provides a statutory commission for executors, calculated as a percentage of the estate’s value. As of 2026, the schedule is: 5% on the first $100,000; 4% on the next $200,000; 3% on the next $700,000; 2.5% on the next $4,000,000; and 2% on amounts over $5,000,000. Family members often waive this commission, but they are entitled to it.
Attorney Advertising. This article is educational and does not constitute legal advice. Estate laws change and vary by circumstance. Please consult with a licensed New York attorney before making any estate planning decisions.
Attorney Maiaklovsky Preval provides personalized estate planning and administration counsel in Westchester and Rockland counties. Call or book online for a free 15-minute consultation.