"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 Martinsville Indiana will usually be carried out according to the instructions in the will.

Most commonly, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.

The executor is often the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as rapidly as possible.

What if The Will Does Not Name an Executor?

If a will in Martinsville, 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 most often the person who would inherit most under the will, or under the intestacy scheme of Indiana. 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.

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Martinsville, Indiana court.

Whoever is assigned to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Martinsville, Indiana Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a reputable Martinsville, Indiana wills and trusts attorney.