The process of distributing and maintaining the estate (the total accumulated property) of a person who dies is known as "estate administration." It is carried out either through the provisions of a will, or local laws addressing the problem of a person who dies without a will.

If the decedent (the person who died) left a will, the process of estate administration in Falls Church Virginia will usually be carried out according to the instructions in the will.

The decedent usually 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 usually 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 will in Falls Church, Virginia is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

Usually, this will be the person who has the most to gain from the will, or who would gain the most under Virginia's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

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 Falls Church, Virginia 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 Falls Church, Virginia Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a good Falls Church, Virginia wills and trusts attorney.