When a person dies, a process known as "estate administration" must be carried out. This refers to all the processes which must be followed in distributing a person's estate to their heirs or devisees.

If the decedent wrote a will before his or her death in Franklin Square, New York, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

Most commonly, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

The executor is often the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as rapidly as possible.

What if The Will Does Not Name an Executor?

If a will in Franklin Square, New York is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is most often the person who would inherit most under the will, or under the intestacy scheme of New York. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

If no executor is named in the will, anyone with a share in the will can apply to the court in Franklin Square, New York to be the executor of the estate, if they wish.

When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to safeguard the estate's interests as they would their own.

Can a Franklin Square, New York Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a reputable Franklin Square, New York attorney, the process almost always goes pretty smoothly.