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 Selma, 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 Selma, 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.

If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Selma, California court to be the executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Selma, 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 Selma, California lawyer who can help you navigate this sometimes-confusing process.