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

If the decedent wrote a will before his or her death in New Castle, Delaware, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

The decedent typically 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 usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.

What if The Will Does Not Name an Executor?

If a will in New Castle, Delaware does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), Delaware 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 normally 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 New Castle, Delaware 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.

Can a New Castle, Delaware Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a reliable New Castle, Delaware wills and trusts attorney.