Estate Administration in Atherton, California

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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 Atherton, California, the process of estate administration normally follows the procedures and instructions laid out in the will.

Most often, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

The executor is normally 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 a will in Atherton, California is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), California has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

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 Atherton, California court to be assigned executor.

Once an executor is assigned (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

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Can a Atherton, California Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might face legal or tax issues with which you are unfamiliar. A Atherton, California attorney would be extremely helpful in such a situation.

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