Santa Fe County, New Mexico has a legal process known as "probate." This is when a court determines 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 Santa Fe County, New Mexico will decide the validity of the will, inventory the decedent's assets and debts, then, assuming everything is deemed to be in order, distribute the estate according to the will.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise unsuited to serve in this capacity. In these situations, a Santa Fe County, New Mexico probate court has to assign one.

The general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Santa Fe County, New Mexico

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finalized before the will is given effect.

They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for guidance. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.

How Can A Santa Fe County, New Mexico Lawyer Help?

Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a Santa Fe County, New Mexico attorney who specializes in probate, especially if you are the executor of an estate.