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 South Miami, 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 person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their obligations, 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 South Miami, Florida does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

This is most commonly the person who stands to gain the most from the will, or who would inherit the most under Florida's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It normally distributes the property to the closest living relatives of the decedent, assuming they can be located.

When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the South Miami, Florida court.

Whoever is appointed to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a South Miami, Florida Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might face legal or tax issues with which you are unfamiliar. A South Miami, Florida attorney would be extremely helpful in such a situation.