Estate administration, in basic terms, is the procedure of maintenance and distribution of a person's assets after they die.

If the decedent wrote a will before his or her death in Rockdale County, Georgia, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

Most frequently, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to guarantee 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 finalized.

What if The Will Does Not Name an Executor?

If a Rockdale County, Georgia will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

Typically, 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. Typically, 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.

If the will doesn't name a person who is to serve as executor, or the individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Rockdale County, Georgia court to be the executor.

Once an executor is assigned (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 safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

Can a Rockdale 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 efficient Rockdale County, Georgia lawyer who can help you navigate this sometimes-complicated process.