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

As part of this procedure, the court in Watervliet, New York has various important responsibilities. Most vitally, 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 ensure that the property is distributed in an orderly manner, as close to the terms of the will (assuming it is valid) as possible.

Most wills name a specific person as the executor of the estate, but sometimes they don't, or the named executor is dead, out of the court's jurisdiction, or otherwise unsuitable to serve in this capacity. In these cases, a Watervliet, New York probate court has to appoint one.

The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most reason to help the process go as quickly as possible, so they can get their inheritance.

Duties of the Executor in Watervliet, New York

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

They additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.

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

As the representative of the estate, the executor has to take charge of the probate process, filing the proper court papers, and, if necessary, hiring an attorney for help. If the estate is large, and the executor stands to inherit a great deal of money once this process is done, they'll probably find it to be worth the time and expense.

How Can A Watervliet, New York Lawyer Help?

Because of the difficulties involved in probate, it would be smart to hire a knowledgeable Watervliet, New York probate lawyer, especially if you are the executor of an estate and unsure how to proceed.