Estate Administration in Clayton County, Georgia
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 Clayton County, Georgia, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.
Most commonly, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.
The executor is usually the person who stands to inherit the most money or property from the will, since this personn 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 Clayton County, Georgia is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.
Usually, the person chosen to be executor is the one who would benefit most under the will, or under Georgia'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.
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 Clayton County, Georgia court.
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 protect the estate's interests as they would their own.
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Can a Clayton County, Georgia 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 Clayton County, Georgia lawyer who can help you navigate this sometimes-perplexing process.