Las Vegas, New Mexico has a legal process known as "probate." This is when a court determines 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 Las Vegas, New Mexico 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.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, a Las Vegas, New Mexico probate court has to assign one.

The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is usually 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 Las Vegas, New Mexico

There are quite a few things that an executor is accountable for. At the outset, they are obligated 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.

Furthermore, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, usually through the filing of a copy of the official death certificate.

Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

Furthermore, the executor is required to take a leading role in proving 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 Las Vegas, New Mexico Lawyer Help?

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