When a person dies, a process known 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 Wood Ridge, New Jersey, the process will be carried out according to the directives contained in the will, assuming they are valid 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 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 Wood Ridge, New Jersey will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

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 person who has some direct interest in the outcome can ask to be named executor by the Wood Ridge, New Jersey court.

When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.

Can a Wood Ridge, New Jersey Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an experienced Wood Ridge, New Jersey lawyer who can help you navigate this sometimes-complicated process.