"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 Lafayette Parish, Louisiana, the estate is normally administered in a way that follows the instructions the will lays out, as closely as possible.

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 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 rapidly as possible.

What if The Will Does Not Name an Executor?

If a Lafayette Parish, Louisiana will does not name an executor, or no will exists or can be found, it's up to the local court to determine who should be the executor.

This is most frequently the person who would inherit most under the will, or under the intestacy scheme of Louisiana. 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 Lafayette Parish, Louisiana 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 Lafayette Parish, Louisiana 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 Lafayette Parish, Louisiana wills and trusts attorney.