Cobleskill, New York 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 Cobleskill, 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 Cobleskill, 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 motivation to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Cobleskill, New York

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

Furthermore, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.

There may be various 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 hard to find, but they need to be found, nonetheless. To that end, the executor is obligated 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. Furthermore, they have to make known all of the decedent's major assets and debts.

Additionally, the executor is obligated to take the lead in showing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is normally the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.

How Can A Cobleskill, New York Lawyer Help?

Because of the intricacies involved in probate, it would be smart to hire a seasoned Cobleskill, New York probate lawyer, especially if you are the executor of an estate and unsure how to proceed.