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

If the decedent has made a will in West Des Moines, Iowa, the process will play out according to the instructions specified in the will.

Usually, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is usually whoever stands to obtain the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If a will in West Des Moines, Iowa 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 most often the person who would inherit most under the will, or under the intestacy scheme of Iowa. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state determine how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a West Des Moines, Iowa court to be appointed executor.

When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.

Can a West Des Moines, Iowa 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 West Des Moines, Iowa attorney, the process almost always goes pretty smoothly.