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

If the decedent wrote a will before his or her death in Duval County, Florida, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.

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 person named as executor of an estate usually has some work ahead of them. To ensure that they actually follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a will in Duval County, Florida does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

This is most often the person who stands to gain the most from the will, or who would inherit the most under Florida's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It usually distributes the property to the closest living relatives of the decedent, assuming they can be located.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Duval County, Florida court.

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.

Can a Duval County, Florida Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial complexities that may arise, an experienced Duval County, Florida lawyer can make this process a great deal easier.