The process of probate determines the validity of a will. For a will to be considered valid, it must be made when the individual is in a clear state of mind. They should not be coerced in any way by another individual that may benefit from their estate administration. When individuals sign the document, there will be witnesses present and the document will be notarized. This adds to the validity that the document is legal.
When the individual dies, someone must file the will in the Surrogate’s Court of the country where the deceased person resided. This individual is the executor of the will. They are most often named in the will by the deceased individual to complete the tasks that are left behind. A valid will is important to determine how your estate will be administered. Without a valid will, your possessions may be under the government’s authority to disperse.
What responsibilities does an executor have?
An executor has many responsibilities with this role. They must bring the will to probate and file it under the court once the individual dies. Upon the death of the individual, the executor will take on their estate administration. The executor may have to pay off any debts or taxes that were left behind. This may require them to meet with professionals, such as attorneys or accountants. They will have to take this role seriously as it requires their time and attention.
The executor is also in charge of gathering the assets for distribution. In the will, the deceased individual has named beneficiaries of their estate. These beneficiaries will acquire part of the estate based on what the individual has written in their will. The executor will distribute the assets among the beneficiaries to ensure that they received what was left to them.
If the executor fails to act upon their position in the right way, they may be removed from this position. A beneficiary is able to file a motion with the court to evaluate the executor’s action. The executor may also be questioned if they are acting corruptly. The court can review the case and decide if they should replace the executor with someone else that they will appoint.
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.