When a person dies, a process recognized 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 New Hempstead, New York, the process will play out according to the instructions mentioned in the will.

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

The executor typically has at least some work cut out for them. This evidently 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 New Hempstead, New York will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

Normally, this will be the person who has the most to receive 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).

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in New Hempstead, New York can apply to the court to be the executor.

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 New Hempstead, New York Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial intricacies that may arise, an accomplished New Hempstead, New York lawyer can make this process a great deal easier.