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What do you call an executor of an estate that WAS NOT court appointed but named in the will? Searching doesn't differentiate.

New York, NY |

I am constantly trying to look up information on the guidelines or informative articles on common and uncommon estates problems. Every time I search on the internet about Executors or the lawyers of the executors I am always given articles and PDF files of specific rules and guidelines made by committees for court appointed administrators. Now the term "court appointed" seems to be in there weather I ask for it or not. I wish I had a key description or term that describes an executor that was NOT court appointed but named in the Will. Then I can search specific articles, guidelines and more that is specific to our estate. Is there such a term? Searching for information that is NOT COURT APPOINTED RULES is exhausting.... Thank you

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Attorney answers 4


The way a human being acquires authority over an estate is by applying to the probate court (or equivalent) and being appointed by the court to act as executor, personal representative, administrator, etc, etc... Court-appointed in this context is not the same as the "court-appointed" defense attorney for indigent clients you hear about in TV and the movies...

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I agree with Attorney Carrier. I will only add this: when a person is named in a will as an executor, but the testator has not died or the will has not been probated, most attorneys refer to the person as a "designated executor." Note that a "designated executor" has absolutely no powers until a court appoints him or her as executor. Good luck to you.

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In addition to the information provided by my colleagues, an Executor named in the Will but not appointed by the court may also be referred to as the "named executor" as well as a "nominated executor." However, it seems to me you would probably save a lot of time and get a clearer answer to your questions if you scheduled a consultation with an experienced Probate/Wills and Estates attorney. Many will even offer a free initial consultation.

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The executor granted Letters Testamentary would be the appointed executor. Otherwise, it would be the Named Executor, I suppose. Appointing an executor is not the same as a true, Court-appointed guardian or administrator.