Baldwin, 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 Baldwin, 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, a Baldwin, 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 immersed in. If an executor needs to be appointed, a court normally 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 Baldwin, New York
The executor has many duties concerning the will. First, they have to really initiate the probate proceedings, which must be completed before the will is effectuated.
The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.
Executors are also obligated to make available an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everyone who is named in the will, or otherwise stands to inherit.
As the representative of the estate, the executor has to take charge of the probate process, filing the required court papers, and, if necessary, hiring an attorney for assistance. If the estate is large, and the executor stands to inherit a great deal of money once this process is fulfilled, they'll probably find it to be worth the time and expense.
How Can A Baldwin, New York Lawyer Help?
Because of the intricacies inherent in the probate process, it is a good idea to hire an accomplished Baldwin, New York probate lawyer, particularly for the executors of estates.