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

As part of this procedure, the court in West Haverstraw, New York has various 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.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, a West Haverstraw, New York probate court has to assign one.

The major duty of the executor is to serve as the living incarnation of the estate. Their job is to start probate proceedings, and see them to completion. If an executor has to be appointed by the court, it will typically be the person who stands to inherit the most from the will, as he or she has an incentive to make every effort to avoid delay.

Duties of the Executor in West Haverstraw, New York

The executor has various duties with respect to the will. First, it is his or her job to actually initiate probate proceedings, which often must be done before the will is given effect.

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

Executors are also obliged to make accessible an accounting of the testator's debts and assets, so their affairs can be wound up, along with a list of everybody who is named in the will, or otherwise stands to inherit.

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 advice. 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 West Haverstraw, New York Lawyer Help?

Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient West Haverstraw, New York probate lawyer, particularly for the executors of estates.