"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 Falmouth, Massachusetts, the process will be carried out according to the directives contained in the will, assuming they are valid 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 quickly as possible.

What if The Will Does Not Name an Executor?

If the will in Falmouth, Massachusetts does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.

This is most frequently the person who stands to gain the most from the will, or who would inherit the most under Massachusetts's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Falmouth, Massachusetts court to be appointed 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 Falmouth, 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 Falmouth, Massachusetts lawyer can make this process a great deal easier.