Estate administration, in basic terms, is the procedure 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 Oceanside, California, the estate is usually administered in a way that follows the instructions the will lays out, as closely as possible.
Wills usually name an executor. The executor's role revolves around guaranteeing that the instructions in the will are implemented.
The executor is normally the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.
What if The Will Does Not Name an Executor?
If the will in Oceanside, California 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 usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), California 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 usually be appointed.
If the will doesn't name a person who is to serve as executor, or the individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Oceanside, California court to be the executor.
Once an executor is assigned (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 safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.
Can a Oceanside, California 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 seasoned Oceanside, California attorney, the process almost always goes pretty smoothly.