When a person dies, a process recognized 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 Lindenwold, New Jersey, the process will be carried out according to the directives contained in the will, assuming they are valid 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 quickly as possible.

What if The Will Does Not Name an Executor?

If the will in Lindenwold, New Jersey does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

Normally, the person chosen to be executor is the one who would benefit most under the will, or under New Jersey's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Normally, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Lindenwold, 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 protect the estate's interests as they would their own.

Can a Lindenwold, 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 brilliant Lindenwold, New Jersey wills and trusts attorney.