Definition of EXECUTOR: (noun) / any person to whom letters testamentary have been issued (NY SCPA §103(20)); a person legally appointed to represent a testate estate
An executor is appointed by the Surrogate’s Court to act on behalf of an estate where the decedent died with a will, known as dying testate. Letters Testamentary refers to the document issued by the Surrogate's granting authority to an executor. Because the role carries significant fiduciary responsibility, common mistakes—often described as the 5 worst things an executor can do, such as breaches of duty, delays, or asset mismanagement—can expose the executor to liability. A probate attorney can help executors understand and avoid these pitfalls.
The word “executrix” used to be regularly applied as the female equivalent of “executor”. It is less common today, especially in the Surrogate’s Courts of the 5 boroughs of New York City. Usage of the suffix “-trix” as applied to any word to indicate the female version is becoming increasingly outdated
