When a person dies, a process identified 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 Hewlett, New York, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.

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

The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to ensure 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 finished.

What if The Will Does Not Name an Executor?

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

This is most frequently 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 control 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 person who has some direct interest in the outcome can ask to be named executor by the Hewlett, New York court.

Whoever is appointed to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Hewlett, New York Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a knowledgeable Hewlett, New York wills and trusts attorney.