"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 wrote a will before his or her death in Attleboro, Massachusetts, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.
Often, the will appoints an executor whose job it is to oversee the administration of the will.
The executor is often 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 Attleboro, Massachusetts is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.
Usually, 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. Usually, 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 Attleboro, Massachusetts 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 Attleboro, Massachusetts 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 good Attleboro, Massachusetts attorney, the process almost always goes pretty smoothly.