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

As part of the probate procedure, the court in Brighton, New York 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.

Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unfit to serve in this capacity. In these cases, a Brighton, New York probate court has to appoint one.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.

Duties of the Executor in Brighton, New York

There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

Additionally, it's the executor's job to notify all interested parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.

The executor will also have to collect and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.

Moreover, the executor is required to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically 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 Brighton, New York Lawyer Help?

Because this process can be fairly intricate, it is not a bad idea to consult with a knowledgeable probate lawyer in Brighton, New York, especially if you find yourself as the executor of an estate and don't know how to proceed.