Who is a testamentary trustee?

• A. The court
• B. A beneficiary
• C. Any person to whom letters of trusteeship have been issued
• D. A guardian appointed under mental hygiene law

Answer: (C)

A testamentary trustee is the person named in a will to hold and manage property for beneficiaries after the testator’s death. Their authority comes from the court, specifically the Surrogate’s Court, which issues letters of trusteeship to the individual named in the will. Those letters provide the legal power to administer the trust and deal with the trust assets.

That’s why the best answer is the person to whom letters of trusteeship have been issued—the letters are the formal proof that the person is authorized to act as trustee. The court itself isn’t the trustee, and a beneficiary isn’t automatically the trustee. A guardian appointed under mental hygiene law relates to a different kind of guardianship and isn’t about administering a testamentary trust.