Estate administration, in basic terms, is the process of maintenance and distribution of a person's assets after they die.
If the decedent wrote a will before his or her death in Sanibel, Florida, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.
Normally, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.
The executor is commonly the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.
What if The Will Does Not Name an Executor?
If the will in Sanibel, Florida does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.
Normally, 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. Normally, 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 person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Sanibel, Florida court to be the executor.
Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.
Can a Sanibel, Florida Estate Administration Attorney Help?
If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a brilliant Sanibel, Florida wills and trusts attorney.