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 Monroe, 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 generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to ensure that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is finished.

What if The Will Does Not Name an Executor?

If a will in Monroe, 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.

This is typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), Georgia has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically be appointed.

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 Monroe, Georgia 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 Monroe, Georgia 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 good Monroe, Georgia wills and trusts attorney.