"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 Pembroke, Massachusetts, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.
Often, the will appoints an executor whose job it is to oversee the administration of the will.
The executor generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to guarantee that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is done.
What if The Will Does Not Name an Executor?
If the will in Pembroke, Massachusetts does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.
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 no executor is named in the will, anyone with a share in the will can apply to the court in Pembroke, Massachusetts 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 Pembroke, Massachusetts Estate Administration Attorney Help?
If you find yourself named in a will as executor of an estate, and aren't sure how to meet your responsibilities, or where to begin, it would be a good idea to consult with an experienced Pembroke, Massachusetts lawyer who can help you navigate this sometimes-difficult process.