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

If the decedent has made a will in De Witt, Iowa, the process will play out according to the instructions mentioned in the will.

The decedent normally names in the will an executor of his or her estate. The executor is the person whose job it is to take the lead role in the administration of an estate.

The executor typically has at least some work cut out for them. This evidently 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 the will in De Witt, Iowa does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.

Normally, the person chosen to be executor is the one who would benefit most under the will, or under Iowa'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. Normally, 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 no executor is named in the will, anyone with a share in the will can apply to the court in De Witt, Iowa to be the executor of the estate, if they wish.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a De Witt, Iowa 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 intricacies that may arise, an accomplished De Witt, Iowa lawyer can make this process a great deal easier.