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

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

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 the will in Harrisonburg, Virginia 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 normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), Virginia 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 Harrisonburg, Virginia to be the executor of the estate, if they wish.

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 safeguard the estate's interests as they would their own.

Can a Harrisonburg, Virginia 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 Harrisonburg, Virginia attorney, the process almost always goes pretty smoothly.