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

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

The executor is normally whoever stands to acquire the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If the will in Huron, South 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 usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), South Dakota has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

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 Huron, South Dakota court to be assigned executor.

Once an executor is assigned (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 safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

Can a Huron, South Dakota 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 seasoned Huron, South Dakota attorney, the process almost always goes pretty smoothly.