Legal Question in Wills and Trusts in New York

Re: Appointment of Executor

When there is no Will, the Surrogate's Court appoints an Administrator. The surviving spouse has preference, and if there is no surviving spouse then the children are preferred; the statute provides for more remote Administrators.

Re: Appointment of Executor

Without a will, an Administrator (which is like an Executor) is appointed to handle the deceased's affairs and distribute property to the heirs. Any person may apply to be appointed as the Administrator, but those who are closer in lineage must sign a waiver to permit such an appointment.

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