When a person dies, a process recognized as "estate administration" must be carried out. This refers to all the processes 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 Elmwood Park, New Jersey, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.
Commonly, the will appoints an executor whose job it is to oversee the administration of the will.
The executor is commonly 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 rapidly as possible.
What if The Will Does Not Name an Executor?
If a will in Elmwood Park, New Jersey is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.
This is most commonly 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 govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.
When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Elmwood Park, New Jersey court.
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 safeguard the estate's interests as they would their own.
Can a Elmwood Park, 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 seasoned Elmwood Park, New Jersey wills and trusts attorney.