"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 had the foresight to draft and execute a will in Newton, Kansas, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.
Frequently, the will appoints an executor whose job it is to oversee the administration of the will.
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 a will in Newton, Kansas 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 frequently the person who would inherit most under the will, or under the intestacy scheme of Kansas. 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 control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.
If no executor is named in the will, anyone with a share in the will can apply to the court in Newton, Kansas to be the executor of the estate, if they wish.
Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).
Can a Newton, Kansas Estate Administration Attorney Help?
If you are the executor of an estate, and don't know how to handle some of the legal and financial difficulties that may arise, an efficient Newton, Kansas lawyer can make this process a great deal easier.