Delaware, 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 Delaware, 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.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Delaware, New Jersey will assign an administrator to serve the role as the executor. This is usually 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 Delaware, New Jersey
The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be done before the will is effectuated.
They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.
Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
As the representative of the estate, the executor has to take charge of the probate process, filing the necessary court papers, and, if necessary, hiring an attorney for advice. If the estate is large, and the executor stands to inherit a great deal of money once this process is complete, they'll probably find it to be worth the time and expense.
How Can A Delaware, New Jersey Lawyer Help?
Because of the complexities inherent in the probate process, it is a good idea to hire an experienced Delaware, New Jersey probate lawyer, particularly for the executors of estates.