When a person dies, a process recognized 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 Henrietta, New York, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

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

The executor typically has at least some work cut out for them. This evidently raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.

What if The Will Does Not Name an Executor?

If a will in Henrietta, New York does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

This is most commonly 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 govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Henrietta, New York court.

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 Henrietta, New York Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might face legal or tax issues with which you are unfamiliar. A Henrietta, New York attorney would be extremely helpful in such a situation.