Canandaigua, New York has a legal process known as "probate." This is when a court determines whether or not a will is legal, and, accordingly, whether or not to effectuate its provisions.
As part of the probate procedure, the court in Canandaigua, 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.
Wills commonly name a person as the executor of the estate. If not, the court in Canandaigua, New York will name one. This is most often the adult individual who stands to inherit the most funds or property from the will.
The executor is the individual who initiates probate proceedings. The person who stands to inherit the most from the will is normally appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Canandaigua, New York
Executors of estates have a many distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be done before the property in an estate can be released according to the terms of the will.
Executors must also notify anyone with an interest in the will of the death of the decedent. Individuals with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
Because people who stand to inherit from the testator may be scattered around the country, or even the world, contacting them is sometimes challenging. One of the responsibilities of the executor is to gather a list of everyone who is entitled to inherit from the decedent, so attempts to contact them can be made. They further have to account for all the testator's debts and assets.
Additionally, the executor is obligated to take a leading role in showing 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 Canandaigua, New York Lawyer Help?
Because this process can be fairly difficult, it is not a bad idea to consult with a seasoned probate lawyer in Canandaigua, New York, especially if you find yourself as the executor of an estate and don't know how to proceed.