Executor Duties on Long Island — Nassau & Suffolk Responsibilities & Pay

An executor (named in a will) or administrator (appointed when there is no will) is the fiduciary who settles a Long Island estate: marshaling assets, securing property, notifying creditors, paying debts and taxes, accounting, and distributing to beneficiaries. They serve under New York’s EPTL and SCPA, owe a strict fiduciary duty, and can be held personally liable for mistakes. They are entitled to statutory commissions under SCPA 2307.

Executor vs. Administrator

Executor — named in the will; serves after the court issues letters testamentary.

Administrator — appointed when there is no will, following the SCPA 1001 priority order (spouse first, then children, then more distant relatives).

The duties are nearly identical; the difference is the source of authority — a will versus the intestacy statute (EPTL 4-1.1).

What a Long Island Executor Must Do

1. Locate and file the will, then obtain letters testamentary.
2. Secure property — change locks on the house, insure the home, winterize a vacant East-End property, and protect a boat or business.
3. Marshal assets — collect bank and brokerage accounts, retitle real property, and value the estate.
4. Notify creditors and pay valid claims in the legal order.
5. File tax returns — the decedent’s final income tax return, the estate’s income tax return, and a NY estate-tax return if the estate exceeds the threshold.
6. Account — prepare an informal or judicial accounting.
7. Distribute the remaining assets to beneficiaries.

Statutory Executor Commissions (SCPA 2307)

New York sets executor pay by a percentage of estate assets received and paid out:

Portion of estate	Commission rate
First $100,000	5%
Next $200,000	4%
Next $700,000	3%
Next $4,000,000	2.5%
Above $5,000,000	2%

A $900,000 Long Island estate — easily a single-family home plus accounts — yields roughly $34,000 in commissions ($5,000 + $8,000 + $21,000). Multiple executors may each be entitled to a commission under SCPA 2307. Verify the current schedule, as rates are statutory.

Personal Liability and the Prudent-Investor Standard

A fiduciary must act with care, loyalty, and prudence. Under EPTL 11-2.3, the prudent investor rule requires reasonable investment and diversification of estate assets. An executor who self-deals, lets a vacant Hamptons house deteriorate, ignores tax deadlines, or distributes before paying creditors can be personally liable to beneficiaries and creditors.

Declining or Being Removed

An executor can renounce (decline to serve) before accepting. Once serving, a fiduciary can be removed by the court under SCPA 711 for misconduct, conflict of interest, mismanagement, or failure to account — a common pressure point in contested Long Island estates.

Creditor Claims and Debt Priority (SCPA 1802)

Creditors generally have seven months from the issuance of letters to present claims (SCPA 1802). The executor pays in statutory order: administration expenses, funeral expenses, taxes, then general debts. Distributing to beneficiaries before this window closes is one of the most common — and most dangerous — executor mistakes.

Long Island Asset Realities

Unlike NYC co-op executors who deal with shares and a managing agent, a Long Island executor usually deals with real property — a deed transfer through the Nassau or Suffolk County Clerk. Add the assets common here: a boat (title and marina dues), a family business (continuity, payroll, valuation), and a second home in the Hamptons or on the North Fork (carrying costs, seasonal security). Each adds steps a typical NYC estate never sees.

Frequently Asked Questions

How much does an executor get paid on Long Island? Commissions follow SCPA 2307 — 5% on the first $100,000, scaling down to 2% above $5 million. A $900,000 estate yields about $34,000.

Can an executor be held personally liable? Yes. Under EPTL 11-2.3, an executor who mismanages assets or distributes before paying creditors can owe beneficiaries and creditors personally.

What if the named executor doesn’t want to serve? They may renounce before accepting; the court then appoints the next eligible person or a named alternate.

Considering whether to serve — or how to remove a fiduciary who shouldn’t? Book a 30-minute consult. See the probate process and contested estates guides.