This section is from the book "Banking And Business", by H. Parker Willis, George W. Edwards. Also available from Amazon: Banking and Business .
A trust company may also be called upon to administer a testamentary trust. This is created by a will, which is a declaration signed by the testator or maker for the disposition of his property after death. The provisions of the will are carried out by an executor who is specified in the will. In the past it has been customary for one to appoint a friend, business associate, or counselor as his executor, but there is a growing practice to nominate a trust company, especially for administering large estates. The executor deposits the will in the surrogate's court, where it is probated or proved, by which procedure the validity of the will and the capacity of the maker are tested. If the surrogate is satisfied as to these matters, he grants the executor a legal authorization known as letters testamentary. The executor then appraises or evaluates the property of the deceased and files an inventory with the court. All claims owing to the deceased are collected, and from these assets all obligations against the estate, including debts, inheritance taxes, and court expenses, are paid. After these deductions have been made, the executor distributes the remaining property among the legatees in accordance with the terms of the will. A complete account is submitted to the court, which examines it and then discharges the executor. Should the deceased fail to name an executor in his will or leave no such instrument at all, the surrogate's court then appoints an administrator, who performs practically the same duties as an executor. In the absence of a will, the administrator follows the state law governing the disposition of property of persons who die intestate or without a will.
 
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