Albion, New York has a legal process known as "probate." This is when a court decides whether or not a will is binding, and, accordingly, whether or not to effectuate its provisions.
As part of the probate procedure, the court in Albion, New York 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 unfit to serve in this capacity. In these cases, an Albion, New York probate court has to appoint one.
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 involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incitement to carry out the duties of the executor.
Duties of the Executor in Albion, New York
The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be completed before the will is given effect.
Also, it's the executor's job to notify all interested parties that the person who made the will has died. "Interested parties" are generally people who are named in the will, or who would inherit the estate if the decedent had died without a will.
There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.
Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.
How Can A Albion, New York Lawyer Help?
Because of the complexities involved in probate, it would be a good idea to consult with and retain an Albion, New York attorney who specializes in probate, especially if you are the executor of an estate.