"Estate administration" refers to the process which must be followed when the estate of a person who has recently died is being distributed, either according to his or her wishes as laid out in a will, or the laws governing the distribution of the assets of a person who dies without a will.

If the decedent (the person who died) left a will, the process of estate administration in Danville Indiana will normally be carried out according to the instructions in the will.

Wills usually name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.

The person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a Danville, Indiana will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

Normally, this will be the person who has the most to receive from the will, or who would gain the most under Indiana's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

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 Danville, Indiana court to be the executor.

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

Can a Danville, Indiana 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 accomplished Danville, Indiana lawyer who can help you navigate this sometimes-convoluted process.