"Estate administration" refers to the process 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 governing 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 Henderson, Kentucky, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.

Wills normally name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.

The executor is frequently 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 quickly as possible.

What if The Will Does Not Name an Executor?

If a will in Henderson, Kentucky does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

Typically, the person chosen to be executor is the one who would benefit most under the will, or under Kentucky's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Typically, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Henderson, Kentucky can apply to the court to be the executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible 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 Henderson, Kentucky Estate Administration Attorney Help?

If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an efficient Henderson, Kentucky lawyer who can help you navigate this sometimes-convoluted process.