Consenting to becoming an estate executor in New York

Losing someone close to you is a very difficult and painful experience. If you’ve just found out that you’ve also been chosen to act as the executor to their estate, then you may be feeling stressed out and anxious about the responsibilities that lie ahead. In an ideal scenario, you and your loved one would have discussed whether you want to be an executor ahead of time, and together you would have prepared for the role. However, things don’t always go as planned. The good news is that you don’t have to do anything you don’t feel capable of.

How is an estate executor nominated in New York?

In New York, an estate executor—also known as a personal representative—is given the authority to carry out their duties by the Surrogate’s Court. The Court either validates the authority of the executor named in the will, or appoints one themselves if no executor is named. Oftentimes this will be the deceased’s next of kin.

When someone dies, the estate executor must file the will, the death certificate, and a petition for probate to the Surrogate’s Court in the county where the deceased lived at the time of their death. At this point, the Court will officially confirm the estate executor.

Although executors tend to be next of kin or close family friends, anyone can be named an executor as long as they meet certain criteria:

• The individual is at least 18 years old;
• They are of sound mind;
• They do not have a felony conviction:
• They are a US citizen or a non-citizen with New York residency.

Can you reject the role of estate executor?

Being an estate executor is a massive responsibility, and you can absolutely decide that you don’t want to do it. There are many reasons why someone might want to reject the role:

You live far away and cannot constantly be traveling back and forth and be present in the way the role requires it;

• You foresee conflicts with beneficiaries that you’d rather avoid;
• You simply don’t have the time due to life and work schedules;
• You don’t feel emotionally prepared for the task;
• There’s a conflict of interest.

If you wish to reject the role, all you have to do is submit a signed Renunciation of Nominated Executor form to the Surrogate’s Court. Another executor will then be nominated.

Just keep in mind that taking on the role of estate executor is not only a great responsibility, it’s also an act of love: You’re ensuring that your loved one’s wishes are being met, and that their property and loved ones are being properly taken care of.

It’s a big role, but you should know that you’re not alone. At ClearEstate, we want to empower executors with the knowledge they need to confidently navigate the estate settlement process. And if you ever feel stuck or overwhelmed, we’re here to lend a helping hand. Reach out for a free consultation and find out how we can help.