Grants, New Mexico has a legal process known as "probate." This is when a court decides whether or not a will is legitimate, and, accordingly, whether or not to effectuate its provisions.

As part of the probate procedure, the court in Grants, New Mexico 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.

Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unsuitable to serve in this capacity. In these cases, a Grants, New Mexico probate court has to appoint one.

The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most motivation to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Grants, New Mexico

There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.

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

If the decedent was even somewhat well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.

As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.

How Can A Grants, New Mexico Lawyer Help?

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