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 Manorhaven, 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 Manorhaven, 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 often the person who stands to gain the most from the will, or who would inherit the most under New York's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It usually distributes the property to the closest living relatives of the decedent, assuming they can be located.

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

Once an executor is appointed (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

Can a Manorhaven, New York Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a good Manorhaven, New York attorney, the process almost always goes pretty smoothly.