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 East Hanover, 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 East Hanover, 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 most often the person who would inherit most under the will, or under the intestacy scheme of New Jersey. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

If no executor is named in the will, anyone with a stake in the will can apply to the court in East Hanover, New Jersey to be the executor of the estate, if they wish.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a East Hanover, 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 good East Hanover, New Jersey wills and trusts attorney.