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 Decatur, 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 Decatur, Georgia will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.
This is most often the person who stands to gain the most from the will, or who would inherit the most under Georgia'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 usually distributes the property to the closest living relatives of the decedent, assuming they can be located.
If no executor is named in the will, anyone with a stake in the will can apply to the court in Decatur, Georgia to be the executor of the estate, if they wish.
Once an executor is appointed (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.
Can a Decatur, Georgia Estate Administration Attorney Help?
Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a good Decatur, Georgia attorney, the process almost always goes pretty smoothly.