Estate Administration in Emeryville, California

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

If the decedent had the foresight to draft and execute a will in Emeryville, California, the estate is typically administered in a way that follows the instructions the will lays out, as closely as possible.

The decedent usually names in the will an executor of his or her estate. The executor is the person whose job it is to take the lead role in the administration of an estate.

The executor is usually whoever stands to obtain 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 Emeryville, California is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

This is typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), California has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically 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 stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Emeryville, California court to be appointed executor.

Once an executor is appointed (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 protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

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Can a Emeryville, California 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 good Emeryville, California attorney, the process almost always goes pretty smoothly.

12 Wills, Trusts and Estates cases posted to LegalMatch lawyers in Emeryville

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Life in Emeryville

Emeryville, California is a city in Alameda County, California. It is directly adjacent to the city of Oakland, which is one of the largest cities in the San Francisco Bay Area. Its population is about 10,000 people.

Human habitation of the area now known as Emeryville dates back thousands of years. The first European settlers to the area were the Spanish, who arrived in 1776 and established a military an missionary presence.

Modernly, Emeryville, California is known for being the home of some of the few remaining salt marshes and undisturbed mud flats in North America, which provide an important habitat for migratory birds and other valuable wildlife. Many local Emeryville, California environmental lawyers were responsible for helping to establish these nature reserves.

If you live in Emeryville, California and find yourself needing legal services, you should speak with a competent and experienced Emeryville, California attorney as soon as possible.

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