Clementon, New Jersey 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.

As part of the probate procedure, the court in Clementon, New Jersey will decide the validity of the will, inventory the decedent's assets and debts, then, assuming everything is deemed to be in order, distribute the estate according to the will.

Typically, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Clementon, New Jersey will assign an administrator to serve the role as the executor. This is typically the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest incentive to move the process along as quickly as possible, so they can get their inheritance.

Duties of the Executor in Clementon, New Jersey

The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be done 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 personification 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 Clementon, New Jersey Lawyer Help?

Because this process can be fairly confusing, it is not a bad idea to consult with a reliable probate lawyer in Clementon, New Jersey, especially if you find yourself as the executor of an estate and don't know how to proceed.