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 has made a will in Park City, Utah, the process will play out according to the instructions stated in the will.

Typically, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is typically whoever stands to obtain 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 Park City, Utah will does not appoint 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 Utah. 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 stake in the will can apply to the court in Park City, Utah 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, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Park City, Utah Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial difficulties that may arise, an efficient Park City, Utah lawyer can make this process a great deal easier.