Estate administration is the procedure during which the estate of a person who has recently died is maintained and divided among his or her heirs or beneficiaries. This typically happens according to the instructions in a will, but in case there is no will, there are laws regulating that situation, as well.

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

Most frequently, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

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 Charlestown, Rhode Island will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most frequently the person who would inherit most under the will, or under the intestacy scheme of Rhode Island. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

If no executor is named in the will, anyone with a share in the will can apply to the court in Charlestown, Rhode Island to be the executor of the estate, if they wish.

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 Charlestown, Rhode Island Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an efficient Charlestown, Rhode Island lawyer who can help you navigate this sometimes-convoluted process.