Scarsdale, New York has a legal process known as "probate." This is when a court determines whether or not a will is legitimate, and, accordingly, whether or not to effectuate its provisions.

As part of this procedure, the court in Scarsdale, New York has many important responsibilities. Most notably, 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.

Normally, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Scarsdale, New York will assign 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.

Because the executor is responsible for really initiating probate proceedings and seeing them to finalization, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.

Duties of the Executor in Scarsdale, New York

The executor has numerous duties concerning the will. First of all, they have to actually initiate the probate hearings with the court, and this procedure has to be done before the will takes effect.

Furthermore, it's the executor's job to notify all concerned parties that the person who made the will has died. "Interested parties" are typically people who are named in the will, or who would inherit the estate if the decedent had died without a will.

If the decedent was even slightly well-off financially, it's likely that they'll have considerable amounts of both debts and assets. The executor is tasked with formulating 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.

Additionally, the executor is obligated to take a leading role in showing 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 Scarsdale, New York Lawyer Help?

Because this can be (though isn't always) a fairly intricate process, it's a good idea to get a seasoned probate lawyer in Scarsdale, New York, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.