Does the Surrogate's Court monitor how an executor is performing their duties under the will?
Also, are there any state guidelines or limits on an executor's compensation?
Answer
Should any heir, distributee, co-executor, or anyone else with a stake in the outcome of a probate proceeding come to believe that an executor is failing to properly discharge their duties, it is advisable to consult with expert counsel about whether there may be sufficient grounds to file a motion before the Surrogate's Court, challenging the executor's conduct (or even removing them) under §11-1.7(c) of the New York Estates, Powers and Trusts Law:
"Any person interested in an estate or trust may contest the validity of any purported grant of any power or immunity within the purview of this section without diminishing or affecting adversely his or her interest in the estate or trust any provision in any will or trust to the contrary notwithstanding."
But before embarking on any such course, it is essential to ascertain exactly what powers are granted to the executor, under both the will and the applicable statutes. See, generally, Fiduciary of an Estate | NY CourtHelp.
An executor's statutory powers are delimited by EPTL Article 11, Part 1 ("Fiduciaries: Powers, Duties and Limitations") and Part 2 ("Investments By Fiduciaries: Powers and Duties Relating Thereto").
Depending on the nature of an executor's purported misfeasance, malfeasance, or nonfeasance, you may also (again, preferably with the assistance of counsel) be able to move for relief under Article 21 of the New York Surrogate's Court Procedure Act and in particular, SCPA §2102 ("Proceedings for relief against a fiduciary").
Finally, the executor's maximum commission is set by SCPA §2307.
You may use Lexis or Westlaw to search for case law and practice commentaries related to all of the above statutes at your local Public Access Law Library.