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 Alamogordo, New Mexico, 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 an Alamogordo, New Mexico 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.

Typically, this will be the person who has the most to acquire from the will, or who would gain the most under New Mexico'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).

If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Alamogordo, New Mexico court to be the executor.

Once an executor is appointed (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

Can a Alamogordo, New Mexico Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a knowledgeable Alamogordo, New Mexico attorney, the process almost always goes pretty smoothly.