Penn Yan, New York has a legal process known as "probate." This is when a court decides whether or not a will is lawful, and, accordingly, whether or not to effectuate its provisions.
As part of this procedure, the court in Penn Yan, New York has many important responsibilities. Most vitally, 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 ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.
Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Penn Yan, New York will appoint an administrator to serve the role as the executor. This is normally the closest adult relative of the decedent, or the person who stands to inherit the most.
The basic duty of the executor is to serve as the living incarnation of the estate. Their job is to begin probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will normally 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 Penn Yan, New York
The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.
They further are required to provide notice to the people with a direct interest in the estate that the decedent has died, normally by filing a death certificate.
The executor will also have to gather and make available a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.
Finally, executors have to actually put forth the effort to show that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Penn Yan, New York Lawyer Help?
Because this process can be fairly convoluted, it is not a bad idea to consult with a brilliant probate lawyer in Penn Yan, New York, especially if you find yourself as the executor of an estate and don't know how to proceed.