Executor Nominated By Decedent Deemed Unfit To Serve

When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to serve.

In Matter of Estate of Ryan, 227 N.Y.S.3d 541 (Surr. Monroe January 24, 2025), the decedent named her step-daughter (Barbara) as executor in her will. The decedent's daughter (Susan) objected to Barbara's nomination and filed a competing petition for letters of administration. The court noted that "the burden is exceedingly high on one who seeks to deny letters testamentary to one nominated as an executor," but granted Susan's petition nonetheless, following an evidentiary hearing.