Power and duty of executor before probate · as in force on May 31, 2026
§ 11-1.3 Power and duty of executor before probate
An executor named in a will has no power to dispose of any part of the estate of the testator before letters testamentary or preliminary letters testamentary are granted, except to pay reasonable funeral expenses, nor to interfere with such estate in any manner other than to take such action as is necessary to preserve it.
Before receiving testamentary or preliminary letters, a named executor may not dispose of or interfere with estate property except to pay reasonable funeral expenses and take necessary preservation steps. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.