When a person dies, a process known as "estate administration" must be carried out. This refers to all the procedures 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 Grand Island, New York, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.

Most commonly, a will names a person to serve as executor, whose job it is to ensure 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 quickly as possible.

What if The Will Does Not Name an Executor?

If a Grand Island, New York will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

This is most often the person who stands to gain the most from the will, or who would inherit the most under New York's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It usually distributes the property to the closest living relatives of the decedent, assuming they can be located.

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Grand Island, New York can apply to the court to be the executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Grand Island, New York Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an experienced Grand Island, New York lawyer who can help you navigate this sometimes-perplexing process.