Which entity determines the validity of the will when recitals are present?

Which entity determines the validity of the will when recitals are present?

• A. The clerk.
• B. The court.
• C. The beneficiary.
• D. The executor.

Answer: (B)

The court is the one that decides whether a will is valid in probate. Recitals don’t transfer the power to determine validity to anyone else—the judge in Surrogate’s Court reviews the execution formalities, the decedent’s testamentary capacity, and whether there was undue influence, to decide if the will can be admitted to probate. Once the court finds the will valid, it issues the necessary letters testamentary to the executor. The clerk handles filing and administrative tasks, and the executor administers the estate under court supervision after validity is established; beneficiaries don’t determine validity.

The court is the one that decides whether a will is valid in probate. Recitals don’t transfer the power to determine validity to anyone else—the judge in Surrogate’s Court reviews the execution formalities, the decedent’s testamentary capacity, and whether there was undue influence, to decide if the will can be admitted to probate. Once the court finds the will valid, it issues the necessary letters testamentary to the executor. The clerk handles filing and administrative tasks, and the executor administers the estate under court supervision after validity is established; beneficiaries don’t determine validity.