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 has made a will in Lackawanna, New York, the process will play out according to the instructions specified in the will.

Often, the will appoints an executor whose job it is to oversee the administration of the will.

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 will in Lackawanna, New York is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

Usually, this will be the person who has the most to gain from the will, or who would gain the most under New York's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

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 Lackawanna, 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 protect the estate's interests as they would their own.

Can a Lackawanna, 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 Lackawanna, New York lawyer who can help you navigate this sometimes-convoluted process.