If the decedent wrote a will before his or her death in Simsbury, Connecticut, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.
The decedent normally names in the will an executor of his or her estate. The executor is the person whose job it is to take the lead role in the administration of an estate.
The executor is normally the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.
What if The Will Does Not Name an Executor?
If a will in Simsbury, Connecticut 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 most commonly the person who would inherit most under the will, or under the intestacy scheme of Connecticut. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.
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 Simsbury, Connecticut 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 Simsbury, Connecticut 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 Simsbury, Connecticut attorney, the process almost always goes pretty smoothly.