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A client in Forest Hills once sat across from me convinced that because she was the oldest child, she was automatically in charge of her father’s estate. She was stunned to learn that until a judge signed off, she had no authority to do anything at all, not even close her father’s checking account. I hear versions of this surprise constantly, so here are the questions Forest Hills, Rego Park, and Kew Gardens families ask me most often about becoming an executor or administrator.
What is the difference between an executor and an administrator?
An executor is the person named in a valid will, appointed by the Queens County Surrogate’s Court once that will is admitted to probate. An administrator is appointed when there is no will, or when the named executor cannot serve. The court hands administrators “Letters of Administration” rather than the “Letters Testamentary” an executor receives, but the underlying job is largely the same.
Do I automatically become executor just because the will names me?
No. Being named in a will only makes you a nominee. You still must file a petition with the Queens County Surrogate’s Court, provide the original will and death certificate, and give formal notice to every interested party. That is why I advise clients not to make financial moves, like closing accounts or listing property, until Letters have actually been issued.
What if my siblings and I disagree about who should serve?
This is one of the most common disputes I see in Forest Hills and Kew Gardens estates. New York law sets a statutory priority order for who can petition as administrator when there is no will, typically starting with a spouse, then children. When multiple children share equal priority, the court may require an agreement or appoint co-administrators. I have guided families through renunciation agreements that let one sibling step aside cleanly rather than litigate for months.
What happens once I am appointed?
You become a fiduciary, which means every decision has to serve the estate’s interest rather than your own. That includes locating assets, paying legitimate debts, filing tax returns, and distributing what remains according to the will or New York’s intestacy laws. Given the liability involved, families who want a clear picture of the executor and administrator appointment process often find it easier to consult an attorney on eligibility and next steps before filing anything.
Why work with a local attorney on this?
Every Surrogate’s Court has its own rhythms and expectations, and Queens is no exception. I have represented Forest Hills and Rego Park families through straightforward appointments and through cases where a contested will turned a routine filing into a drawn-out fight. Having someone who already knows the local process saves time, money, and stress.
If your loved one left behind an estate which needs an executor or administrator appointed, contact Roman Aminov today for a free phone consultation.
Contributed by Dan Rose, a local business writer specializing in probate and estate administration services in New York City.
Roman Aminov Estate Law firm of Queens
147-17 Union Tpke, Kew Gardens Hills, NY 11367, United States
P59P+93 Kew Gardens Hills, Queens, NY, USA
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