"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 wrote a will before his or her death in Ashburnham, Massachusetts, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.

Frequently, the will appoints an executor whose job it is to oversee the administration of the will.

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 will in Ashburnham, Massachusetts is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

Typically, the person chosen to be executor is the one who would benefit most under the will, or under Massachusetts'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 no executor is named in the will, anyone with a share in the will can apply to the court in Ashburnham, Massachusetts to be the executor of the estate, if they wish.

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 Ashburnham, Massachusetts 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 Ashburnham, Massachusetts lawyer can make this process a great deal easier.