When a person dies, a process identified 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 Old Westbury, New York, the process will play out according to the instructions stated in the will.

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

The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to guarantee 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 finalized.

What if The Will Does Not Name an Executor?

If an Old Westbury, New York will does not name an executor, or no will exists or can be found, it's up to the local court to determine who should be the executor.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), New York has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will normally be appointed.

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

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 safeguard the estate's interests as they would their own.

Can a Old Westbury, New York Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. An Old Westbury, New York attorney would be quite helpful in such a situation.