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

The decedent typically 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 is typically 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 a will in Maryville, Tennessee is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), Tennessee 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 normally be appointed.

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

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 Maryville, Tennessee 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 reliable Maryville, Tennessee attorney, the process almost always goes pretty smoothly.