When a person dies, a process known as "estate administration" must be carried out. This refers to all the procedures which must be followed in distributing a person's estate to their heirs or devisees.

If the person who died made and executed a valid will in Allendale, New Jersey, the process of estate administration usually follows the procedures and instructions laid out in the will.

Most commonly, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.

The executor is usually whoever stands to obtain the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If an Allendale, New Jersey will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most often the person who stands to gain the most from the will, or who would inherit the most under New Jersey's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It usually distributes the property to the closest living relatives of the decedent, assuming they can be located.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition an Allendale, New Jersey court to be appointed executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Allendale, New Jersey Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial complexities that may arise, an experienced Allendale, New Jersey lawyer can make this process a great deal easier.