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 South Amboy, 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 person named as executor of an estate usually has some work ahead of them. To ensure that they actually follow through on their commitments, 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 South Amboy, New Jersey will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most often 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 usually 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 individual who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in South Amboy, New Jersey can apply to the court to be the executor.

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 South Amboy, 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. A South Amboy, New Jersey attorney would be very helpful in such a situation.