North Caldwell, New Jersey has a legal process known as "probate." This is when a court determines whether or not a will is binding, and, accordingly, whether or not to effectuate its provisions.

As part of the probate procedure, the court in North Caldwell, 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.

Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in North Caldwell, New Jersey will assign an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.

The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in North Caldwell, New Jersey

There are quite a few things that an executor is accountable for. At the outset, they are obligated to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

Furthermore, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, normally through the filing of a copy of the official death certificate.

The executor will also have to gather and make accessible a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.

Lastly, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.

How Can A North Caldwell, New Jersey Lawyer Help?

Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished North Caldwell, New Jersey probate lawyer, particularly for the executors of estates.