"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 Atchison Kansas will typically be carried out according to the instructions in the will.

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

The executor is typically whoever stands to acquire 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 an Atchison, Kansas will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most frequently the person who stands to gain the most from the will, or who would inherit the most under Kansas's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

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 share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition an Atchison, Kansas court to be assigned executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be accountable for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Atchison, Kansas 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 reliable Atchison, Kansas wills and trusts attorney.