Newton, New Hampshire has a legal process known as "probate." This is when a court determines whether or not a will is valid, and, accordingly, whether or not to effectuate its provisions.
In the probate process, a Newton, 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 decided to be valid, the court will distribute the property according to its clauses.
Wills commonly name a person as the executor of the estate. If not, the court in Newton, New Hampshire will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
Because the executor is responsible for really initiating probate proceedings and seeing them to finalization, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Newton, 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 finalized before the will is given effect.
Furthermore, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.
There may be various 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. Furthermore, they have to make known all of the decedent's major assets and debts.
Additionally, the executor is obligated to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally 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 Newton, New Hampshire Lawyer Help?
Because of the intricacies involved in probate, it would be smart to hire a seasoned Newton, New Hampshire probate lawyer, especially if you are the executor of an estate and unsure how to proceed.