Naming an executor is a critical part of estate planning. This party will manage the estate, pay debts and taxes, communicate with beneficiaries and distribute assets to beneficiaries based on your wishes. However, before they assume their duties when the time comes, the Surrogate’s Court must first appoint them.
The court will consider several factors to determine if it will approve their nomination.
Understand the factors the court considers
When naming an executor, besides the qualities you will be looking for, you should also keep in mind what the court will consider. According to New York’s SCPA § 707 law, a person is ineligible to be a an executor if they:
- Are under the age of 18
- Are incompetent (Deemed incapable of managing their own affairs due to mental illness, age or other factors, usually requiring a guardian)
- Are neither a U.S. citizen nor domiciled in the United States, except where specific legal requirements are met
- Do not possess the qualifications required of a fiduciary because of substance abuse, dishonesty or a lack of mental capacity/cognitive ability to manage the affairs of an estate
The court may also consider other factors in its discretion. For instance, it can declare a nominated party ineligible if they are unable to read and write the English language. Or if they have a felony conviction for a crime that may be adverse to the welfare of the estate, such as embezzlement or a breach of fiduciary duty.
It’s vital to ensure your primary and alternate executors can be appointed by the court to prevent delays during administration. Consider legal guidance to choose an eligible party.