Estate Administration in San Bernardino County, 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 San Bernardino County, California, the estate is typically administered in a way that follows the instructions the will lays out, as closely as possible.
Wills typically name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.
The executor is often 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 quickly as possible.
What if The Will Does Not Name an Executor?
If the will in San Bernardino County, California does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.
Usually, this will be the person who has the most to gain 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 San Bernardino County, 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.
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Can a San Bernardino County, 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 experienced San Bernardino County, California lawyer who can help you navigate this sometimes-confusing process.