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 Kiryas Joel, 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 completed.

What if The Will Does Not Name an Executor?

If a Kiryas Joel, 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 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 Kiryas Joel, New York court.

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 Kiryas Joel, 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 efficient Kiryas Joel, New York lawyer who can help you navigate this sometimes-convoluted process.