Estate administration is the process 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 governing that situation, as well.

If the decedent had the foresight to draft and execute a will in Newberry, South Carolina, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.

Frequently, the will appoints an executor whose job it is to oversee the administration of the will.

The executor is frequently the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.

What if The Will Does Not Name an Executor?

If a will in Newberry, South Carolina is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

This is most frequently the person who would inherit most under the will, or under the intestacy scheme of South Carolina. 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.

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 stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Newberry, South Carolina court to be appointed 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 protect the estate's interests as they would their own.

Can a Newberry, South Carolina Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a knowledgeable Newberry, South Carolina attorney, the process almost always goes pretty smoothly.