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 Flowery Branch, 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 often 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 a will in Flowery Branch, Georgia 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.
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 Flowery Branch, Georgia court.
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 Flowery Branch, Georgia Estate Administration Attorney Help?
If you are the executor of an estate, and don't know how to handle some of the legal and financial complexities that may arise, an experienced Flowery Branch, Georgia lawyer can make this process a great deal easier.