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

As part of the probate procedure, the court in Ventnor City, 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.

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

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been engaged in. If an executor needs to be appointed, a court typically chooses the person who will inherit the most if the will is given effect, since that person will have the most inducement to carry out the duties of the executor.

Duties of the Executor in Ventnor City, New Jersey

The executor has many duties regarding the will. First, they have to truly initiate the probate proceedings, which must be done before the will is effectuated.

Additionally, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are usually people who are named in the will, or who would inherit the estate if the decedent had died without a will.

The executor will also have to collect 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.

Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are typically chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.

How Can A Ventnor City, New Jersey Lawyer Help?

Because this can be (though isn't always) a fairly complicated process, it's a good idea to get a reliable probate lawyer in Ventnor City, New Jersey, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.