Berkeley Heights, New Jersey 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.

In the probate process, a Berkeley Heights, New Jersey probate court has various 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 frequently name a person as the executor of the estate. If not, the court in Berkeley Heights, New Jersey 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 truly 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 Berkeley Heights, New Jersey

The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be finalized before the will is effectuated.

The executor also has to provide those with a direct interest in the will notice that the decedent has deceased, by filing an official death certificate.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to collect a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They additionally have to account for all the testator's debts and assets.

Because the executor serves as the living representation of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are typically chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.

How Can A Berkeley Heights, New Jersey Lawyer Help?

Because of the difficulties involved in probate, it would be a reliable idea to consult with and retain a Berkeley Heights, New Jersey attorney who specializes in probate, especially if you are the executor of an estate.