Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Real Estate Attorney
    • John F. Hayes, Attorney
    • Terrie Harman, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates
You are here: Home / Estate Planning / Choosing the Right Person to be the Executor of Your Estate

Choosing the Right Person to be the Executor of Your Estate

First and foremost, just because you were named in someone’s Will as the Executor of their Estate does not mean that you are automatically the Executor as soon as that person has died. Being named in someone’s Will as their Executor only means that you have been nominated. The probate court must appoint you as the Executor before you have legal power to pay that person’s bills and distribute their money and property. You cannot do that without the probate court’s approval first.

Validating a Will

The same thing is true with respect to a person’s Will. A person may have created and signed their Will. This does not mean that everything automatically goes to everyone named in the Will as soon as that person has died. First, the probate court must review your Will. It needs to issue an Order declaring your Will to be your last Will and that the Will meets or satisfies all the legal requirements. This is called “validating” the Will. Without that process, a Will is just an important document that has no true legal effect on anyone, including whoever has been nominated as Executor or anyone who is supposed to receive money or property through the Will. In New Hampshire, in order for your Will to be validated and have any legal effect a Will must be filed with the probate court. That job usually falls on the Executor.

Next, the probate court administration process must be started and completed. This gives the Executor the legal right to pay off the bills or debts of the person who died. Additionally, it allows the Executor to transfer that person’s property as written in the Will. New Hampshire law states that the person you nominated as the Executor of your Estate must initiate the administration process. They must also account for your property and pay your debts in the proper order according to state law. All of this needs to happen before anyone receives any of your money or property.

Nominating the Right Person

Therefore, the person you “nominate” to be your Executor must be a person who will follow the law. They should be good with paying bills and a fair person. As surprising or harsh as it might sound, the right person might not be your spouse, family member or friend. Your nominee should be someone you can rely on to do what the probate laws say has to be done. That way, your debts get paid and your money and property legally reach the right people.

If the person you nominated in your Will to be your Executor does not follow the probate laws and court rules, the probate court can find him or her in violation of those laws and fine them. When your Will and Estate go through the probate administration process, it also “closes the courthouse doors” (usually a specific number of years) to anyone who might think that you owed them money if they fail to seek repayment after the legal deadline. If your Will and Estate never go through the administration process, the courthouse doors remain open. The people you wanted to receive your money and property will not have a clear right to anything.

Further reading on administering an estate.

You can contact Alfano Law Office here.

Filed Under: Estate Planning Tagged With: executor, probate

The above information is for informational purposes only and does not constitute legal advice.

Important Registry Updates
Important Court Updates

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.
Allobar Strategies

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Allobar Strategies
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
  • Covid-19 Updates

NH Real Estate Law Articles

  • Common Neighborly Legal Issues
  • Court Updates
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Terms
  • Legislation
    • Business Law
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

Private Roads and Easements – What’s the Difference?

You probably think there should be a difference between … [Read More...]

Environmental Clean Up on a Property – Who is Responsible?

Environmental issues are everywhere. Hazards like heavy … [Read More...]

Reasons to Review Your Estate Plan

Have you taken the time to set up your estate plan? If you … [Read More...]

What to Know About Maintaining, Repairing, and Extending Easements on a Property

An easement is a piece of land that people, other than the … [Read More...]

Article Archives

  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • October 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • September 2014
  • August 2014
  • June 2013
  • February 2012
  • December 2011
  • May 2011
  • July 2010
  • December 2005
  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2022 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC