Depew, New York has a legal process known as "probate." This is when a court decides 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 Depew, 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.
Wills often name a person as the executor of the estate. If not, the court in Depew, New York will name one. This is most often the adult individual who stands to inherit the most money or property from the will.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is usually appointed the executor, because they will have the most incentive to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Depew, New York
There are quite a few things that an executor is responsible for. At the outset, they are required to file the probate action with the appropriate court. No progress, let alone any final disposition of the estate, can be made until this happens.
Additionally, the executor has to make sure that the decedent's relatives and other people named in the will have notice of the testator's death, usually through the filing of a copy of the official death certificate.
The executor will also have to compile and make available 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.
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 Depew, New York Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Depew, New York probate lawyer, especially if you are the executor of an estate and unsure how to proceed.