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

If the decedent has made a will in Council Bluffs, Iowa, the process will play out according to the instructions mentioned in the will.

The decedent normally 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 typically has at least some work cut out for them. This evidently 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 finalized.

What if The Will Does Not Name an Executor?

If the will in Council Bluffs, Iowa 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.

Normally, this will be the person who has the most to receive from the will, or who would gain the most under Iowa'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 Council Bluffs, Iowa 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 Council Bluffs, Iowa 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 seasoned Council Bluffs, Iowa wills and trusts attorney.