Probate Attorney in Dutchess County, New York
Dutchess County, 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 Dutchess County, 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.
Wills often name a person as the executor of the estate. If not, the court in Dutchess County, New York will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
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 incentive to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Dutchess County, New York
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 completed before the will is given effect.
Executors must also inform anyone with an interest in the will of the death of the decedent. People with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
Executors are also required to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.
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.
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How Can A Dutchess County, New York Lawyer Help?
Because of the complexities involved in probate, it would be a good idea to consult with and retain a Dutchess County, New York attorney who specializes in probate, especially if you are the executor of an estate.
