Hillsborough, New Jersey has a legal process known as "probate." This is when a court decides whether or not a will is legal, and, accordingly, whether or not to effectuate its provisions.

As part of the probate procedure, the court in Hillsborough, New Jersey will determine the validity of the will, inventory the decedent's assets and debts, then, assuming everything is found to be in order, distribute the estate according to the will.

Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Hillsborough, New Jersey will appoint an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person responsible for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Hillsborough, New Jersey

The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

If the decedent was even somewhat well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.

Furthermore, the executor is required to take the lead in proving the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is usually the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.

How Can A Hillsborough, New Jersey Lawyer Help?

Because of the complexities involved in probate, it would be a good idea to consult with and retain a Hillsborough, New Jersey attorney who specializes in probate, especially if you are the executor of an estate.