What happens when the person you trusted to settle your loved one’s estate simply stops doing the job? I get this question often from families across Astoria, Long Island City, Sunnyside, and Ridgewood — an executor was named in the will, months have passed, and nothing is moving. Bills sit unpaid, beneficiaries hear nothing, and the estate seems frozen in place.
What Counts as Executor Neglect
An executor has a legal duty to act promptly and in the best interests of the estate and its beneficiaries. Neglect isn’t just slowness — it includes failing to file the will with the Queens County Surrogate’s Court, ignoring beneficiary communications for extended periods, letting estate assets like a family home or bank accounts sit unmanaged, or missing deadlines that put the estate at financial risk. I have handled cases where an executor simply disappeared after being appointed, leaving grieving families with no idea how to move forward.
Grounds for Removal Under New York Law
New York’s Surrogate’s Court Procedure Act (SCPA), specifically Section 711, sets out the legal grounds for removing an executor. These include misconduct, waste or mismanagement of estate assets, failure to obey a court order, or simply being unfit to continue serving. Neglect of duty falls squarely within this framework. That is why I advise families not to wait indefinitely — the longer an unresponsive executor remains in place, the more the estate’s value can erode. I walk clients through this process in detail on our executor removal page, including what documentation the court expects to see.
How the Removal Process Works
Removing an executor requires filing a formal petition with the Surrogate’s Court, along with evidence supporting the claim of neglect — missed deadlines, unanswered correspondence, unpaid estate debts, or a lack of any accounting. The court will schedule a hearing, and the current executor has the right to respond. If the court agrees removal is warranted, it will appoint a successor to complete the administration.
What Local Families Can Do Right Now
If you’re a beneficiary in Woodside, Maspeth, or anywhere in Queens watching an estate stall, start documenting everything: dates of attempted contact, missed payments, and any court filings (or lack thereof). That is why I advise clients to consult with an estate attorney early, before assets are further jeopardized or deadlines are missed entirely.
I’ve represented Queens families through exactly this kind of frustration, and removal, while serious, is often the only way to protect what your loved one left behind.
Contributed by Dan Rose, a local business writer specializing in Estate Law services in New York City.
If your loved one’s executor is neglecting their duties and you need to explore removal options, contact Roman Aminov today for a free phone consultation.
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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