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 Port Jefferson, 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 is normally whoever stands to obtain the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.
What if The Will Does Not Name an Executor?
If a Port Jefferson, 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.
This is most commonly 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 normally 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 Port Jefferson, 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 Port Jefferson, 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 brilliant Port Jefferson, New York attorney, the process almost always goes pretty smoothly.