"Estate administration" refers to the procedure 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 regulating 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 Greenwood Indiana will normally be carried out according to the instructions in the will.

Wills usually name an executor. The executor's role revolves around guaranteeing 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 commitments, 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 Greenwood, Indiana is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), Indiana has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

If the will doesn't name anyone as executor, or the individual who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Greenwood, Indiana can apply to the court to be the 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 safeguard the estate's interests as they would their own.

Can a Greenwood, Indiana Estate Administration Attorney Help?

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