{3 mins to read} As a Trust and Estates attorney, I deal with Wills quite a lot. Often, I will write them for clients. After someone dies, I will file the Will for probate in the Surrogate’s Court, seeking to have the Court appoint an Executor to administer the Estate.
Every now and then, there’s an issue with the Executor nominated in the Will. No, it’s not necessarily because they are breaching their fiduciary duty, nor is it that there is a conflict of interest. Sometimes it is a much simpler problem: supposing the Will does not name an Executor? This may seem counterintuitive, as the vast majority of Wills will name an Executor, but this can happen in one of three ways:
•First, the Will names an Executor who refuses to serve. Maybe the Executor thinks that it’s more trouble than it’s worth.
•Second, the Will named an Executor, but the Executor is now deceased.
•Third, someone managed to sign a Will that does not name an Executor.
In all of these situations, a path forward is available. Instead of appointing an Executor, the Court can issue Letters to a fiduciary known as an Administrator CTA. The CTA comes from Latin and stands for Cum Testamento Annexo, which literally means an Administrator serving with the Will attached. Most of the time, when the Court appoints an Administrator, it’s for an Estate where someone died without a Will. However, with an Administrator CTA, the Court appoints a fiduciary who will follow the instructions in the Will.
Who can become the Administrator CTA? Anyone with an interest in the Estate can petition. However, the Court is primarily seeking the person with the largest stake in the Estate. Which beneficiary is getting the largest share, whether it be a large bequest or the entire Residuary Estate? But even beneficiaries with smaller interests can apply with the form that the proposed Administrator CTA normally submits to the Court. It’s the same petition for probates that one would fill out in a generic probate proceeding. Essentially, your Administrator CTA is performing the Executor’s role under a different title.
For more information on this topic, please do not hesitate to contact me.