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Who cannot serve as an Executor in New York?

New York probate law provides that all persons can qualify as Executor, except for infants, incompetents, non-domiciliary alien (other than a foreign guardian under SCPA § 1716(4) or one who serves with multiple fiduciaries, at least one of whom is a New York resident), felon, someone who has a history of substance abuse, dishonesty, improvidence, want of understanding or otherwise unfit for office or someone who cannot read and write English. See SCPA § 707).

Your Executor is the person who will be responsible for administering your estate through the complexities of the probate process. Therefore, you want a person who is financially responsible, stable, and trustworthy. Sometimes the best person for this most important function is your attorney. Your Executor will be responsible for collecting the assets of the estate, protecting the estate property, preparing an inventory of assets, paying valid claims against the estate, representing the estate in claims against others, and distributing the assets of the estate to the beneficiaries.

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At the Law Office Bryan Hutchinson, PLLC, we focus on personal injury, divorce, and probate and estate administration. We are here to listen to you and help you navigate the legal system.

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The Law Office Bryan Hutchinson, PLLC is committed to answering your questions about personal injury, divorce, and probate and estate administration issues in New York. We offer free consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.