Estate Administration in Carpinteria, California
Estate administration, in basic terms, is the process of maintenance and distribution of a person's assets after they die.
If the decedent had the foresight to draft and execute a will in Carpinteria, California, the estate is typically administered in a way that follows the instructions the will lays out, as closely as possible.
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 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 Carpinteria, California 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 most often the person who would inherit most under the will, or under the intestacy scheme of California. 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 determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.
When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Carpinteria, California court.
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.
Find a Carpinteria Lawyer that Specializes in Your Area of Need:
Can a Carpinteria, California 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 Carpinteria, California wills and trusts attorney.