Waldwick, New Jersey has a legal process known as "probate." This is when a court decides 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 Waldwick, New Jersey will determine the validity of the will, inventory the decedent's assets and debts, then, assuming everything is found 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 Waldwick, New Jersey will appoint 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 essentially serves as a living embodiment 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 Waldwick, New Jersey

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

Additionally, it's the executor's job to notify all interested 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.

Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes difficult. One of the responsibilities of the executor is to collect a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They additionally have to account for all the testator's debts and assets.

Moreover, the executor is obliged to take a leading role in establishing the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.

How Can A Waldwick, New Jersey Lawyer Help?

Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Waldwick, New Jersey probate lawyer, particularly for the executors of estates.