Who is a Preliminary executor?

• A. The person named in the will.
• B. Any person to whom preliminary letters testamentary have been issued.
• C. A creditor of the estate.
• D. The clerk of the surrogate's court.

Answer: (B)

A preliminary executor is the person who has been issued preliminary letters testamentary by the Surrogate's Court, giving provisional authority to administer the estate while probate is pending. These letters let someone act to preserve assets, collect assets, and pay essential debts during the interim period before full probate is granted. The key point is that the authority comes from those preliminary letters, not merely from being named in the will. A creditor cannot serve as executor, and the clerk of the surrogate's court is a court official, not the estate’s representative. Hence, the correct description is someone to whom preliminary letters testamentary have been issued.