How is the executor appointed when there is a valid will?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When there is a valid will, the executor is primarily appointed as specified within the document itself. The will typically names the individual or individuals who are to serve as the executor, reflecting the testator's (the person who made the will) wishes about who they trust to handle their estate. This person is often chosen based on their relationship to the testator, their ability to manage financial and legal matters, and their personal qualities.

In this context, naming an executor in the will ensures that the testator's specific intentions are honored without the need for outside intervention. This clarity helps streamline the probate process since the appointed executor has the authority granted through the will to fulfill their duties, which include settling debts, distributing assets, and managing estate affairs.

Other options presented do not align with the established legal framework for wills and the distribution of estates. For example, having a court appoint a neutral third party usually occurs only when no executor is named or if the named executor is unable or unwilling to serve. Meanwhile, beneficiaries voting on the appointment or assuming the surviving spouse is always the executor does not reflect the primary role of a will in determining executor appointments.

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