Estate Administration in Childersburg, Alabama

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Estate administration, in basic terms, is the procedure of maintenance and distribution of a person's assets after they die.

If the person who died made and executed a valid will in Childersburg, Alabama, the process of estate administration usually follows the procedures and instructions laid out in the will.

Usually, wills assign an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is usually whoever stands to acquire the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If the will in Childersburg, Alabama does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.

Usually, this will be the person who has the most to gain from the will, or who would gain the most under Alabama's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Childersburg, Alabama court to be assigned executor.

When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to safeguard the estate's interests as they would their own.

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Can a Childersburg, Alabama Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a reputable Childersburg, Alabama attorney, the process almost always goes pretty smoothly.

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