When a person dies, a process recognized 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 Bradley Beach, New Jersey, the process of estate administration normally follows the procedures and instructions laid out in the will.
Most often, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.
The executor is normally 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 a will in Bradley Beach, New Jersey is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.
This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), New Jersey has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.
If no executor is named in the will, anyone with a stake in the will can apply to the court in Bradley Beach, New Jersey to be the executor of the estate, if they wish.
When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.
Can a Bradley Beach, New Jersey Estate Administration Attorney Help?
If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a brilliant Bradley Beach, New Jersey wills and trusts attorney.