A presumptive distributee is defined as...

• A. Any person who would be a distributee if the deceased were dead.
• B. A person who is a creditor of the estate.
• C. The surrogate's clerk.
• D. A safe deposit company.

Answer: (A)

The key idea is who has a potential right to a portion of the estate if the decedent had died. In probate practice, presumptive distributees are the people who would be entitled to a share if the decedent were dead at that moment, meaning they would be distributees under the laws of intestacy or under the will if it were proven.

This is why the correct description fits: a person who would be a distributee if the deceased were dead. It captures the notion of a prospective or potential beneficiary—someone who would inherit a portion of the estate under the applicable rules, even if the decedent has not yet died or the estate is still being opened.

Why the other options don’t fit: a creditor is someone owed money from the estate, not someone who would receive a share of the estate as a distributee. The surrogate’s clerk is a court official, not a potential beneficiary. A safe deposit company is simply a custodian of assets, not a person entitled to a distribution.