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 Saratoga, 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 Saratoga, 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, 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. Usually, 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.

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 Saratoga, 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.

Can a Saratoga, California Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might encounter legal or tax issues with which you are unfamiliar. A Saratoga, California attorney would be very helpful in such a situation.