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 Wasco, 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 person named as executor of an estate typically has some work ahead of them. To ensure that they truly 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 Wasco, California is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.
This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), California has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will normally be appointed.
If no executor is named in the will, anyone with a share in the will can apply to the court in Wasco, California to be the executor of the estate, if they wish.
Once an executor is assigned (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 safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.
Can a Wasco, 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 efficient Wasco, California lawyer who can help you navigate this sometimes-confusing process.