"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 Greenfield Indiana will typically be carried out according to the instructions in the will.

Wills normally 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 typically has some work ahead of them. To ensure that they truly 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 will in Greenfield, Indiana is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), Indiana 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 normally be appointed.

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 Greenfield, Indiana court to be appointed executor.

Once an executor is appointed (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 protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.

Can a Greenfield, Indiana Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. A Greenfield, Indiana attorney would be quite helpful in such a situation.