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 decedent wrote a will before his or her death in Colts Neck, New Jersey, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.

Often, the will appoints an executor whose job it is to oversee the administration of the will.

The executor is often the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.

What if The Will Does Not Name an Executor?

If a will in Colts Neck, 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.

Usually, this will be the person who has the most to gain from the will, or who would gain the most under New Jersey's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Colts Neck, New Jersey can apply to the court to be the executor.

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 Colts Neck, New Jersey Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an experienced Colts Neck, New Jersey lawyer who can help you navigate this sometimes-confusing process.