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 Dade City, Florida, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

The decedent usually 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 generally has at least some work cut out for them. This obviously 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 finalized.

What if The Will Does Not Name an Executor?

If the will in Dade City, Florida does not name an executor, or the decedent left no will to be found, the court has to assign 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 Florida'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 individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Dade City, Florida 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, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Dade City, Florida 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 Dade City, Florida lawyer who can help you navigate this sometimes-convoluted process.