Bethpage, New York has a legal process known as "probate." This is when a court determines whether or not a will is valid, and, accordingly, whether or not to effectuate its provisions.

As part of the probate procedure, the court in Bethpage, New York 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 Bethpage, New York probate court has to assign one.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification 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 incentive to carry out the duties of the executor.

Duties of the Executor in Bethpage, New York

The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be done before the will is effectuated.

They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

The executor will also have to compile and make accessible a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.

Lastly, executors have to actually put forth the effort to prove that a will is valid. As the sole legal representative of the estate, this is their job, and is obligated for them to inherit, giving them an incentive.

How Can A Bethpage, New York Lawyer Help?

Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in Bethpage, New York, especially if you find yourself as the executor of an estate and don't know how to proceed.