Practical steps in the first weeks
Generally, no one has authority to manage accounts held in the deceased person's name alone until a court appoints a fiduciary, although some routine matters can be handled informally. Locate the original will if there is one, and keep it safe without marking, unstapling, or altering it. Secure the home and vehicles, keep insurance in place, and collect the mail. Obtain several certified death certificates, since banks, insurers, and agencies each tend to ask for one. Funeral expenses are often reimbursed from estate funds later, so keep the receipts.
What to hold off on
Avoid distributing belongings, selling property, or emptying accounts before someone is appointed, even if family members agree informally, because those actions can create disputes and personal liability later. A power of attorney ends at death, so an agent who used one during the person's life should stop using it. Joint accounts and beneficiary designations may pass to the survivor directly, and each institution will explain its own claim process. Relatives are generally not personally responsible for the deceased person's debts simply because they are family, so be careful before agreeing to pay anything. If a landlord, lender, or creditor calls, take down the details rather than making promises.
Deciding when to go to court
A first call usually sorts out whether there is a will, who is named as executor, and roughly what was in the person's sole name. Those facts determine whether to file for probate, for administration without a will, or for a simplified small estate proceeding, or whether no filing is needed at all. If something urgent cannot wait, such as a pending real estate closing or a business that needs a decision, New York courts have ways to grant limited authority sooner. Rushing a filing before the facts are clear rarely helps, but some matters, such as creditor claims and tax deadlines, should not sit for long.
