Goshen, 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 Goshen, 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 often name a person as the executor of the estate. If not, the court in Goshen, 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 person accountable for initiating the probate proceedings. The person who would inherit the most from the will is appointed, because they have the greatest inducement to move the process along as quickly as possible, so they can get their inheritance.
Duties of the Executor in Goshen, New York
There are quite a few things that an executor is accountable for. At the outset, they are obligated 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.
Executors must also inform anyone with an interest in the will of the death of the decedent. People 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).
Executors are also required to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.
Furthermore, the executor is required to take a leading role in proving 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 Goshen, New York Lawyer Help?
Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in Goshen, New York, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.