When a person dies, a process known 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 has made a will in Little Falls, 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 rapidly as possible.

What if The Will Does Not Name an Executor?

If a will in Little Falls, New York is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

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

If no executor is named in the will, anyone with a share in the will can apply to the court in Little Falls, New York to be the executor of the estate, if they wish.

Whoever is assigned 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 Little Falls, 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 reputable Little Falls, New York wills and trusts attorney.