How to Choose the Right Executor: Mistakes Brooklyn Families Make

Naming an executor in your will feels like a formality. You scan your family, pick the person you trust most, and move on. But in Kings County Surrogate’s Court, the wrong choice can turn a routine estate into months of delay and family friction. Here are the executor mistakes Brooklyn families make most often — and how to avoid them.

Mistake 1: Picking based on love, not logistics

Your oldest child or closest sibling is the natural emotional pick. But an executor’s job is administrative: filing the probate petition under the SCPA in Brooklyn’s Surrogate’s Court on Adams Street, marshaling assets, paying creditors, filing tax returns, and distributing what remains. If your candidate is disorganized, lives across the country, or struggles with deadlines, affection won’t help them. Choose someone steady, detail-oriented, and reachable.

Mistake 2: Ignoring New York’s eligibility rules

Not everyone can serve. Under New York law, a convicted felon cannot be an executor, and a non-U.S. citizen who lives outside the state generally cannot serve alone. An out-of-state executor is allowed but often must serve with a New York co-fiduciary and may need to post a bond. Many Brooklyn families name a relative in Florida or New Jersey without realizing the extra hurdles. Confirm eligibility before you write the name down.

Mistake 3: Naming no backup

People change. Your executor may predecease you, fall ill, or simply decline to serve when the time comes. If your will names only one person and that person can’t act, the court appoints an administrator under the intestacy rules of EPTL Article 4 — and that may not be who you wanted. Always name at least one successor executor, and consider a second backup if your first choices are close in age to you.

Mistake 4: Forgetting that your will must be valid first

An executor can only be appointed if the will itself is admitted to probate. New York requires a will to meet EPTL §3-2.1: signed by you at the end, witnessed by two people who sign within thirty days. A homemade Brooklyn will with one witness or an unsigned page gives even a perfect executor nothing to administer. Pair your executor choice with a properly executed will.

Mistake 5: Choosing someone the family will fight

If you name one of three siblings and the other two resent it, expect objections when the petition is filed. Surrogate’s Court contests are slow and expensive. Talk to your family in advance, explain your reasoning, and consider whether a neutral party — a trusted friend, an attorney, or a bank’s trust department — would reduce conflict. The right executor is one your beneficiaries will accept, not just one you trust.

Mistake 6: Asking too much without compensation

Executors in New York are entitled to statutory commissions based on the value of the estate. Some family executors waive them; others don’t. Be clear about whether you expect your executor to serve for free, and make sure the role’s burden matches the person. A Brooklyn brownstone, a co-op with a board, and out-of-state property all add work.

A note before you decide

Your executor will represent your wishes long after you’re gone, in a court system with its own rules and rhythms. New York estate law is full of small requirements that quietly invalidate good intentions. Before you finalize your will and executor choice, consult a New York estate planning attorney who handles Kings County matters. A short conversation now can spare your family a long ordeal later.