When a person dies, a process known 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 Old Tappan, New Jersey, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

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

The executor generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to guarantee 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 finalized.

What if The Will Does Not Name an Executor?

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

Usually, this will be the person who has the most to gain from the will, or who would gain the most under New Jersey's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

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 Old Tappan, New Jersey court.

Whoever is assigned 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 Old Tappan, New Jersey Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might encounter legal or tax issues with which you are unfamiliar. An Old Tappan, New Jersey attorney would be very helpful in such a situation.