Which term refers to a person appointed in a will to manage the deceased's estate?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

Which term refers to a person appointed in a will to manage the deceased's estate?

Explanation:
This question focuses on who handles a decedent’s estate under a will. The person named in the will to manage and wrap up the estate is the executor (the female form, executrix, is used when applicable; today, executor is commonly used as a gender-neutral term). The executor acts as a fiduciary, gathering assets, paying debts and taxes, and distributing remaining assets to beneficiaries in accordance with the will. In New York, the executor is usually confirmed through probate in Surrogate’s Court and receives letters testamentary to authorize their authority. Other terms don’t fit this role: a guardian ad litem represents a party in a lawsuit, not the estate; a grand jury decides on criminal indictments; garnishment is a method to collect a debt, not to administer an estate.

This question focuses on who handles a decedent’s estate under a will. The person named in the will to manage and wrap up the estate is the executor (the female form, executrix, is used when applicable; today, executor is commonly used as a gender-neutral term).

The executor acts as a fiduciary, gathering assets, paying debts and taxes, and distributing remaining assets to beneficiaries in accordance with the will. In New York, the executor is usually confirmed through probate in Surrogate’s Court and receives letters testamentary to authorize their authority.

Other terms don’t fit this role: a guardian ad litem represents a party in a lawsuit, not the estate; a grand jury decides on criminal indictments; garnishment is a method to collect a debt, not to administer an estate.

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