Estate administration, in basic terms, is the procedure of maintenance and distribution of a person's assets after they die.

If the decedent wrote a will before his or her death in Seaford, Delaware, 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 typically has at least some work cut out for them. This evidently raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.

What if The Will Does Not Name an Executor?

If a will in Seaford, Delaware does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), Delaware 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 usually be appointed.

If the will doesn't name anyone as executor, or the individual who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Seaford, Delaware can apply to the court to be the 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 Seaford, Delaware 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 accomplished Seaford, Delaware lawyer who can help you navigate this sometimes-complicated process.