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 Victorville, 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 person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their commitments, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a will in Victorville, California is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

Normally, this will be the person who has the most to receive 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).

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Victorville, California court to be assigned executor.

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 safeguard the estate's interests as they would their own.

Can a Victorville, 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 Victorville, California attorney, the process almost always goes pretty smoothly.