The Bank Won't Talk to Me—But I'm Named as Executor!
Your parent passes away, and you know that their Will names you as Executor. You find the Will, obtain a death certificate, and call their bank to find out what needs to happen with their accounts.
But the bank won't give you any information.
“But I'm the Executor!”
Not quite—at least, not yet.
One of the most common misconceptions about settling an estate is that being named as Executor in a Will immediately gives you authority to act. In New York, the Will nominates you for the position, but the Surrogate's Court must first appoint you before you have authority to act on behalf of the estate.
The document proving that authority is called Letters Testamentary.
Being Named as Executor Is Only the First Step
A Will is an important document. Among other things, it identifies who the deceased person wanted to handle their estate.
But the Will itself generally does not give that person immediate authority to walk into a bank, close an account, sell estate property, or otherwise act on behalf of the estate.
Instead, the Will must generally be submitted to the appropriate Surrogate's Court as part of a probate proceeding.
As part of that process, the Court determines whether the Will should be admitted to probate and whether the nominated Executor can be appointed to serve.
Once the Court approves of a nominated Executor’s petition, it issues Letters Testamentary.
Those Letters are what establish the Executor's legal authority to act on behalf of the estate.
What Are Letters Testamentary?
Despite the name, “Letters Testamentary” aren't actually letters in the traditional sense.
They are court-issued documents showing that the Executor has been officially appointed and has authority to administer the estate.
Once appointed, the Executor can use certified Certificates of Appointment or other appropriate proof of their Letters to deal with banks, financial institutions, government agencies, buyers of estate property, and others who need proof that the person has authority to act for the estate.
Depending on the estate, the Executor's responsibilities may include:
Collecting and managing estate assets;
Opening an estate bank account;
Accessing or closing the deceased person's individual accounts;
Selling estate property when appropriate;
Addressing debts, expenses, and taxes;
Communicating with beneficiaries; and
Distributing the estate according to the Will.
So, if a bank tells you that it cannot give you access to an account simply because your name appears in the Will, the bank isn't necessarily being difficult.
The Will shows who the deceased person wanted to serve. The Letters Testamentary show that the Court has actually given that person authority to serve.
Why Isn't the Will Enough?
Think about what could happen if simply possessing a Will were enough to access someone's assets.
There could be a later Will that supersedes the one you have. There could be a dispute over whether the Will is valid. The nominated Executor could be legally ineligible to serve. Or the nominated Executor might not want the job at all.
The probate process gives the Surrogate's Court an opportunity to address those issues before authority over the estate is formally granted.
This is also why an Executor generally shouldn't start making distributions, dividing up property, or treating estate assets as though they already have unrestricted authority immediately after someone dies.
There is an important difference between being nominated as Executor and being approved by the court as Executor.
What If There Is No Will?
If someone dies without a Will, there isn't a nominated Executor at all.
Instead, someone must generally petition the Surrogate's Court for Letters of Administration. Once appointed, that person is known as the Administrator of the estate.
An Administrator performs many of the same functions as an Executor. The major difference is where their authority comes from and how the estate is distributed.
With a Will, the Executor is nominated by the deceased person, and the Will generally determines who receives the estate.
Without a Will, New York law determines both who has priority to serve as Administrator and who inherits the estate.
Who Gets to Be Administrator?
When there is no Will, family members don't simply get together and choose whoever they want without regard to New York law.
New York establishes an order of priority for who is entitled to receive Letters of Administration, assuming that person is eligible and qualifies to serve.
Generally, priority begins with:
The surviving spouse;
Children;
Grandchildren;
Either parent;
Brothers or sisters; and
Other distributees, subject to additional rules.
There can also be multiple people within the same level of priority.
For example, suppose an unmarried parent dies without a Will and leaves three adult children. The children may have equal priority to serve. If one child wants to be appointed Administrator, the rights of the other children may need to be addressed as part of the proceeding.
In certain circumstances, eligible family members can consent to another eligible person—or even someone who is not a distributee—being appointed. The exact requirements depend on the family structure and circumstances of the estate.
So, unlike a Will where the deceased person has had the opportunity to nominate an Executor, an intestate estate may require the family to work through the statutory priority rules before the Court determines who will receive authority.
Executor vs. Administrator: Different Titles, Similar Lesson
Whether someone dies with or without a Will, the important point is the same:
Authority to administer an estate generally comes from the Surrogate's Court—not simply from being a family member or having possession of the Will.
If there is a Will:
Named in the Will → Probate proceeding → Court appointment → Letters Testamentary → Executor has authority
If there is no Will:
Administration proceeding → Court determines who is entitled to serve → Letters of Administration → Administrator has authority
Until that authority has been granted, banks and other institutions may be limited in what information they can provide or what transactions they can allow.
“But I Need to Pay the Bills Now!”
This is where estate administration can become frustrating.
Someone has died, but the practical responsibilities don't stop. There may be a mortgage, utility bills, property expenses, funeral expenses, insurance, or other matters requiring attention.
At the same time, the person named as Executor may still be waiting for the Court to formally appoint them.
That does not mean you should simply begin using the deceased person's accounts or signing their name to transactions.
Depending on the circumstances, there may be other ways to address an immediate issue while probate or administration is pending. For example, certain assets may pass outside the estate entirely because they are jointly owned or have a designated beneficiary. In some situations, additional court procedures may also be available when authority is needed before the probate proceeding is completed.
The appropriate approach depends on the particular asset and estate – always consult an attorney before paying any bills or debts of a recently deceased loved one.
A Will Is Important—But It Doesn't Skip the Probate Process
Naming an Executor in your Will is an important part of estate planning. It allows you to tell the Court who you want handling your affairs after your death.
But naming someone doesn't automatically put the keys to the estate in their hands.
After your death, your nominated Executor will generally still need to go through the probate process and obtain the Court authority necessary to administer your estate.
And if you die without a Will, your family doesn't automatically get to decide who is “in charge.” New York's intestacy laws and Surrogate's Court procedures determine who has priority to seek appointment.
Understanding that distinction can save families a lot of confusion when they hear those frustrating words from a bank.
Check out our Executor Guide to learn more!
At Harris-Pero Law Firm, we assist families with probate and estate administration throughout New York's Capital Region. If you've been named as Executor in a loved one's Will—or a family member has passed away without a Will—we can help you understand what authority you have now and what steps may be necessary before you can begin administering the estate.