When a person dies, a process recognized 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 Seaford, 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 acquire 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 Seaford, New York does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.

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 share in the will can apply to the court in Seaford, New York to be the executor of the estate, if they wish.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Seaford, New York Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial intricacies that may arise, an accomplished Seaford, New York lawyer can make this process a great deal easier.