"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 Shawnee, 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 person named as executor of an estate typically has some work ahead of them. To ensure that they truly 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 Shawnee, 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.

Typically, this will be the person who has the most to acquire from the will, or who would gain the most under Kansas's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).

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 a Shawnee, Kansas court to be assigned executor.

Once an executor is assigned (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 safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

Can a Shawnee, Kansas Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a reliable Shawnee, Kansas attorney, the process almost always goes pretty smoothly.