When a person dies, a process identified 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 Montville, New Jersey, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.

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

The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to ensure that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is finished.

What if The Will Does Not Name an Executor?

If a Montville, New Jersey will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most frequently 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 control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Montville, New Jersey court to be the executor.

Whoever is appointed to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Montville, 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 knowledgeable Montville, New Jersey wills and trusts attorney.