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 Somerset County, 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 person named as executor of an estate typically has some work ahead of them. To ensure that they truly follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a Somerset County, 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 stands to gain the most from the will, or who would inherit the most under New Jersey's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Somerset County, New Jersey can apply to the court to be the executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Somerset County, New Jersey Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial difficulties that may arise, an efficient Somerset County, New Jersey lawyer can make this process a great deal easier.