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

As part of this procedure, the court in Melville, New York has many important responsibilities. Most especially, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Melville, New York will assign an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.

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

Duties of the Executor in Melville, New York

There are quite a few things that an executor is accountable for. At the outset, they are obligated 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.

Furthermore, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, normally through the filing of a copy of the official death certificate.

If the decedent was even reasonably well-off financially, it's likely that they'll have considerable amounts of both debts and assets. The executor is tasked with formulating 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.

Additionally, the executor is obligated to take a leading role in showing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Melville, New York Lawyer Help?

Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Melville, New York, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.