How to Choose the Right Executor: Avoid These NYC Estate Mistakes

Your executor is the person who carries your will through Surrogate’s Court, pays your debts, and distributes your estate. In New York City, where estates often include co-ops, condos, and family businesses, the wrong choice can turn a routine probate into a multi-year ordeal. Here are the mistakes to avoid when you name yours.

Mistake 1: Choosing Based on Feelings, Not Function

People often name their oldest child or closest sibling out of loyalty. But being an executor is an administrative job, not an honor. It involves filing the will in the Surrogate’s Court for your county, marshaling assets, dealing with the HRA and the IRS, and accounting to beneficiaries. Choose someone organized, trustworthy, and level-headed, even if that is not the person you feel obligated to pick.

Mistake 2: Ignoring New York’s Eligibility Rules

Under the SCPA, not everyone can serve. A convicted felon cannot. A non-citizen who does not reside in New York generally cannot serve alone. A person the court finds incompetent or otherwise unfit can be disqualified. Naming someone ineligible means the court appoints an alternate, or worse, a stranger. Confirm your choice can legally serve in New York.

Mistake 3: Naming Someone Far From New York

An executor in California can technically serve, but managing a Manhattan estate from across the country is hard. Court appearances, signing documents, securing a Brooklyn apartment, and meeting with the estate’s attorney all happen here. A local or regional executor usually moves the process along faster and cheaper.

Mistake 4: Picking Someone Too Close in Age

Naming a spouse or sibling your own age means there is a real chance they predecease you or are too ill to serve when the time comes. Without a named successor, the court decides. Always name at least one alternate executor, ideally from a younger generation.

Mistake 5: Appointing Co-Executors Who Cannot Agree

To avoid hurt feelings, parents sometimes name all their children as co-executors. In a contentious family, this is a recipe for gridlock, because many decisions require unanimous consent. If your children clash, naming one capable child, or a neutral professional, is kinder than forcing them to cooperate during grief.

Mistake 6: Forgetting About Commissions and Costs

New York sets executor commissions by statute, calculated on a sliding scale based on the value of the estate handled. Family members sometimes waive commissions; professionals do not. Understanding that this is compensated work helps you set expectations and avoid surprises among beneficiaries.

Mistake 7: Never Telling the Person

Do not surprise someone with this responsibility after you are gone. Tell your chosen executor, explain where your will and records are kept, and make sure they can locate everything from your safe deposit box to your digital accounts.

A Note on Working With a New York Attorney

The right executor, eligible under New York law and supported by a clear will, can save your family enormous time and expense in Surrogate’s Court. This is general information, not legal advice. Before naming or changing your executor, consult a qualified New York attorney who can confirm eligibility and structure your will to keep probate smooth.