To validly appoint an executor, the notice to the named executor must be in writing and witnessed by two.

To validly appoint an executor, the notice to the named executor must be in writing and witnessed by two.

• A. True
• B. False
• C. It must be in writing but need not be witnessed
• D. It must be filed with the probate court

Answer: (D)

The key idea is that an executor is chosen and given authority through the probate process, not merely by sending notice to the named person. In NY probate, the will can name an executor, but that person can act only after a petition for probate is filed with the probate court and the court issues letters testamentary (or letters of administration if there’s no will). Filing the petition with the probate court starts the process, directs notice to interested parties, and ultimately grants the executor the legal authority to administer the estate. A notice to the named executor being in writing and witnessed does not by itself confer authority. Therefore, the requirement is that the petition be filed with the probate court.

The key idea is that an executor is chosen and given authority through the probate process, not merely by sending notice to the named person. In NY probate, the will can name an executor, but that person can act only after a petition for probate is filed with the probate court and the court issues letters testamentary (or letters of administration if there’s no will). Filing the petition with the probate court starts the process, directs notice to interested parties, and ultimately grants the executor the legal authority to administer the estate. A notice to the named executor being in writing and witnessed does not by itself confer authority. Therefore, the requirement is that the petition be filed with the probate court.