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 Placentia, California, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.

Wills normally name an executor. The executor's role revolves around guaranteeing that the instructions in the will are implemented.

The executor is frequently the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as rapidly as possible.

What if The Will Does Not Name an Executor?

If a will in Placentia, California does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

Typically, the person chosen to be executor is the one who would benefit most under the will, or under California's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Typically, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

If the will doesn't name anyone as executor, or the individual who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Placentia, California can apply to the court to be the executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be accountable for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Placentia, California Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial difficulties that may arise, an efficient Placentia, California lawyer can make this process a great deal easier.