When a person dies, a process identified as "estate administration" must be carried out. This refers to all the processes which must be followed in distributing a person's estate to their heirs or devisees.

If the person who died made and executed a valid will in Minot, North Dakota, the process of estate administration typically follows the procedures and instructions laid out in the will.

Wills normally name an executor. The executor's role revolves around guaranteeing that the instructions in the will are implemented.

The executor is typically the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If the will in Minot, North Dakota 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.

This is most frequently the person who stands to gain the most from the will, or who would inherit the most under North Dakota'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 typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

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 Minot, North Dakota court to be assigned executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Minot, North Dakota Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. A Minot, North Dakota attorney would be quite helpful in such a situation.