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 usually 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 Brazoria County, Texas, the estate is typically administered in a way that follows the instructions the will lays out, as closely as possible.

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

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

What if The Will Does Not Name an Executor?

If a Brazoria County, Texas will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

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

If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Brazoria County, Texas court to be the executor.

Once an executor is appointed (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 protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

Can a Brazoria County, Texas Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might encounter legal or tax issues with which you are unfamiliar. A Brazoria County, Texas attorney would be very helpful in such a situation.