Legal Question in Wills and Trusts in New York

Duties of Executor

I am trying to find out what the laws are regarding executors in the state of NY. When do they have to file and what are the penalties if they do not comply. Where do you go if an exectutor does not uphold the will? Do you file criminal or civil charges.


Asked on 4/01/06, 4:07 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Duties of Executor

There is no time limit in which an executor must "file" or probate the will.

Any actions against the executor are civil and are brought in the Surrogate court.

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Answered on 4/01/06, 4:33 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Duties of Executor

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The laws relating to the duties of an Executor are found in The New York State Surrogate's Court Procedure Act and the Estates, Powers and Trusts Law.

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Answered on 4/01/06, 5:40 pm


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