When a person dies, a process known 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 Southold, New York, the process will play out according to the instructions specified in the will.

The decedent usually names in the will an executor of his or her estate. The executor is the person whose job it is to take the lead role in the administration of an estate.

The executor is usually the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If a will in Southold, New York is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is most often the person who would inherit most under the will, or under the intestacy scheme of New York. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Southold, New York court.

Whoever is assigned to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Southold, New York Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might encounter legal or tax issues with which you are unfamiliar. A Southold, New York attorney would be very helpful in such a situation.