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

In the probate process, an Amherst, New Hampshire probate court has many duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is determined to be valid, the court will distribute the property according to its terms.

Wills commonly name a person as the executor of the estate. If not, the court in Amherst, New Hampshire will name one. This is most often the adult individual who stands to inherit the most money or property from the will.

The main duty of the executor is to serve as the living incarnation of the estate. Their job is to initiate probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally 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 Amherst, New Hampshire

The executor has many 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.

They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.

There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them hard to find, but they need to be found, nonetheless. To that end, the executor is obligated to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Finally, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.

How Can A Amherst, New Hampshire Lawyer Help?

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