Hampton Bays, New York has a legal process known as "probate." This is when a court determines 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 Hampton Bays, 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 Hampton Bays, 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 general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in Hampton Bays, New York

The executor has several duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be finalized before the will is given effect.

Also, it's the executor's job to notify all affected parties that the person who made the will has died. "Interested parties" are generally 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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.

Because the executor serves as the living representation of the decedent's estate, they are solely accountable 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 finalization.

How Can A Hampton Bays, New York Lawyer Help?

Because of the complexities involved in probate, it would be a reputable idea to consult with and retain a Hampton Bays, New York attorney who specializes in probate, especially if you are the executor of an estate.