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 Lemon Grove, California, the estate is usually administered in a way that follows the instructions the will lays out, as closely as possible.

The decedent normally 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 person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a Lemon Grove, 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.

Normally, this will be the person who has the most to receive from the will, or who would gain the most under California'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).

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 Lemon Grove, California court.

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 Lemon Grove, California Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an accomplished Lemon Grove, California lawyer who can help you navigate this sometimes-perplexing process.