Make photocopies of the will, too, and give a copy to your attorney and your executor. However, a photocopy won't stand up in court unless it can be proven that the original was destroyed. If there's not a valid will or if it doesn't name an executor, the court appoints an administrator of the estate. Generally, an administrator has the same responsibilities as the executor. Usually, the state appoints the surviving spouse.
Children are next in line.
If you are a beneficiary, the first thing to do is get information, she says. Step two is to analyze the information, Malkin says. This means getting an experienced estate attorney to help and not the same attorney who is advising the executor. Ask friends and neighbors for attorney recommendations and look for someone who specializes in estate law. Your next step will depend on the information you've collected.