Who may be appointed to handle an estate proceeding?
What are the duties and responsibilities of executors and administrators handling an estate?
Answer
If there is a will, the person named as executor or, if that person is deceased or unable to act, (see Surrogate's Court Procedure Act § 715) the person named as successor or alternate executor. If there is no will, a person who qualifies under the laws of intestacy may be appointed to serve as the administrator. An executor or administrator is considered a fiduciary under the law. The duties and obligations of an executor are listed in Article 11 of the Estates, Powers and Trusts Law. A voluntary administrator for a small estate (no sole ownership of real property and less than $50,000 of personal property in decedent's name) has the same powers and duties as an executor, including the requirements listed in Surrogate's Court Procedure Act sections 1306 and 1307.