Which option below is included in the fiduciary definition?

• A. Heir
• B. An administrator, administrator c.t.a., administrator d.b.n., ancillary administrator, ancillary executor, ancillary guardian, executor, guardian, preliminary executor, temporary administrator, testamentary trustee, to whom letters have been issued
• C. A creditor
• D. A beneficiary

Answer: (B)

A fiduciary in Surrogate’s Court practice is someone who is appointed by the court to manage someone else’s estate or affairs and whose duties include acting with loyalty and care on behalf of others. Only people who have been granted letters by the court—such as executor, administrator, guardian, or trustee, including their ancillary or temporary forms—are considered fiduciaries. Those letters authorize them to act and to supervise the assets or guardianship involved.

The list of roles with letters issued covers the individuals the court empowers to handle the estate or protected person, which is why it fits the fiduciary definition. Heirs and beneficiaries, while they have an interest in the estate, do not act in the fiduciary role unless they’ve been officially appointed and issued letters. A creditor isn’t automatically a fiduciary either, unless appointed as a fiduciary by the court.