Which of the following is not a Person Interested?

• A. A beneficiary
• B. The trustee in bankruptcy
• C. A creditor
• D. The receiver

Answer: (C)

In Surrogate’s Court practice, a person interested is someone whose rights or stake in the estate could be directly affected by the court’s action, or who has a recognized interest in the administration or distribution of the estate. Beneficiaries and heirs obviously fit because they stand to gain from the estate. A receiver is appointed to protect and preserve property for those who have a legitimate interest, so that role itself signals a direct interest in the outcome. A trustee in bankruptcy is tied to the bankruptcy estate and acts to maximize assets for those with an interest in that estate, so that role also aligns with being a person interested.

A creditor, while they have a claim against the estate, does not automatically count as a person interested in these surrogate proceedings. Their rights are addressed through the claims process and potential distributions, not by being a party to every surrogate matter. Therefore, they are not considered a person interested in this context.