New Windsor, New York has a legal process known as "probate." This is when a court determines whether or not a will is legal, and, accordingly, whether or not to effectuate its provisions.
As part of this procedure, the court in New Windsor, New York has several important responsibilities. Most especially, it has to decide if the will is valid, and consider evidence that it is not (if any such evidence exists). The probate court then has to guarantee that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.
Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in New Windsor, New York will assign an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.
The general duty of the executor is to serve as the living incarnation of the estate. Their job is to commence probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will usually be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.
Duties of the Executor in New Windsor, New York
Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be finalized before the property in an estate can be released according to the terms of the will.
They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.
If the decedent was even reasonably well-off financially, it's likely that they'll have significant amounts of both debts and assets. The executor is tasked with creating an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
Furthermore, the executor is required to take a leading role in proving the validity of the will. The executor obviously has an incentive to see the process through, since they cannot inherit until probate is complete.
How Can A New Windsor, New York Lawyer Help?
Because this can be (though isn't always) a fairly perplexing process, it's a good idea to get a reputable probate lawyer in New Windsor, New York, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.