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 Sayville, 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 the will in Sayville, New York does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

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

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

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Sayville, 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 Sayville, New York attorney, the process almost always goes pretty smoothly.