If you are a business owner, executive, professional, or high net-worth individual, you are likely familiar with how critical it is to protect your financial interests. But what happens when you or your family are named in a will or trust and the fiduciary managing the estate or trust (i.e. the executor or trustee) does not do what he or she is supposed to? New York law provides a powerful tool to address this situation: New York’s Surrogate’s Court Procedure Act (“SCPA”) § 2102, a statute that allows you to act when an executor or trustee is not fulfilling his or her obligations. And if you are a fiduciary and a beneficiary continuously complains about how you are handling the assets, then you too should be aware of your obligations and how a beneficiary could seek to hold you accountable.

What Is SCPA 2102?

SCPA 2102 authorizes beneficiaries, creditors, and other interested parties to petition the Surrogate’s Court to compel an estate fiduciary to take certain actions. These can include providing information about the estate, turning over exempt property, paying funeral expenses or approved claims, distributing bequests or shares, making advance payments when appropriate, or following the court’s directions in the event of a dispute between fiduciaries.

In plain terms, SCPA 2102 allows a proceeding to be commenced in Surrogate’s Court to require a fiduciary take certain actions. Commencing such a proceeding is usually considered when a person or business believes that a fiduciary has failed to act or otherwise has mishandled estate or trust responsibilities.

Who Does It Apply To?

This statute applies to anyone acting as a fiduciary of an estate or trust. That includes:

• Executors or administrators managing a deceased person’s estate
• Trustees overseeing property held in trust for beneficiaries

If you are a beneficiary, spouse, child, or a creditor of an estate or trust, and you believe a fiduciary is mishandling property or assets or simply not taking appropriate action, then SCPA § 2102 provides a way to seek relief.

Common Situations for Using SCPA 2102

Here are a few examples of when SCPA 2102 comes into play:

• Property and Funds. You are entitled to property or funds under a will or trust, but the executor or trustee has not distributed it to you.. Then you may ask the Surrogate’s Court to compel the fiduciary to make the payment to you or to deliver the property or asset, or its value, to you.
• Information. You asked for financial information about the estate or trust and were ignored. Fiduciaries are required to keep beneficiaries reasonably informed. If they do not respond to your written request, then the Surrogate’s Court may order them to provide the information. No, you are not entitled to be involved in every decision or analysis undertaken by the fiduciary, but you should be informed about the assets on a reasonable basis and in a reasonable manner.
• Personal Property. You are a surviving spouse or child entitled to “exempt property,” such as household furniture, a car, or cash allowances. If the fiduciary withholds these item from you, then you can ask the court for their production or be compensated for its value.
• Funeral expenses. If an estate has funds but the fiduciary has not paid the decedent’s funeral costs, this statute can be used to ensure that the funeral expenses are paid or reimbursed.
• Deadlock between or among fiduciaries. If two or more executors or trustees are at odds over how to manage the assets and their disagreement is delaying progress, then you can ask the court to assist with resolving the disagreement.
• Timeliness of distributions. If you need part of your inheritance early and the estate has sufficient assets to cover all debts and obligations plus a surplus, then you may be entitled to have the fiduciary make an early distribution to you, particularly if the funds are needed for support or education.

Are There Standards or Conditions?

Yes. Here are a few examples of the statute’s requirements:

• Advance distribution requests must show that the estate has enough assets to cover debts and obligations plus an extra one-third margin.
• Requests for information must first be made in writing and ignored before you request court intervention.
• If property cannot be delivered, then the fiduciary can be ordered to pay its fair value instead.

These safeguards ensure that fiduciaries cannot simply refuse to act—and that beneficiaries have a clear, structured path to protect their rights.

Why This Matters to Professionals, Executives, and Business Owners

Executors and trustees control your interests in an estate or trust. But that control is balanced with accountability obligations, which an estate or trust beneficiary may enforce in order to avoid damage, including delays, lost assets, missed business opportunities, or serious family conflict.

SCPA 2102 is a strategic legal mechanism that:

• Enforces transparency and responsiveness
• Prevents delay or manipulation of distributions
• Helps protect large financial or business interests held in estates or trusts

Whether you are dealing with a personal inheritance, a family trust, or a business-related estate matter, this statute gives you leverage, clarity, and control—when you need it most.

Final Thoughts

If you believe a fiduciary is not acting in your best interest or failing to fulfill their duties, you should address your concerns timely. Similarly, if a fiduciary believes that a beneficiary is being unreasonable, then the issue should be addressed properly. The longer things are left unaddressed, the longer and more costly it may be to resolve the situation.

At our firm, we represent business owners, professionals, and high net-worth individuals in trust and estate disputes across New York state. If you are dealing with a stalled estate or trust, an unresponsive executor or trustee, mishandled property, or a frustrating beneficiary, then you should assess your rights and obligations.

We can help you in Albany, Buffalo, Rochester, New York City, and everywhere in between.

You may learn more about us and how we operate by visiting these pages: About Us and What Sets Us Apart.

To learn more about related topics, check out our Legalities & Realities® Podcast and other related blog posts:

• Blog posts:
  • When Fiduciaries Fail: Understanding Suspension and Removal in Trust and Estate Disputes,
  • Don’t Put All of Your Eggs In One Basket (or Bank) -- Why Trustees and Executors Should be Following the Bank Closing News to Avoid Breaching Fiduciary Duties

This blog post is for informational purposes only and does not constitute legal advice. For specific legal counsel, please contact our office directly.