"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 Middletown, Kentucky, the estate is usually administered in a way that follows the instructions the will lays out, as closely as possible.

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

The person named as executor of an estate normally has some work ahead of them. To ensure that they really 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 will in Middletown, Kentucky does not name a person to serve as executor, or the decedent dies without having written a will, the court will assign a person to act as estate administrator.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), Kentucky has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

If the will doesn't name a person who is to serve as executor, or the individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Middletown, Kentucky court to be the executor.

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 Middletown, Kentucky 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 seasoned Middletown, Kentucky attorney, the process almost always goes pretty smoothly.