"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 Sudbury, 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 person named as executor of an estate typically has some work ahead of them. To ensure that they truly follow through on their obligations, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.
What if The Will Does Not Name an Executor?
If a will in Sudbury, Massachusetts is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.
Typically, this will be the person who has the most to acquire from the will, or who would gain the most under Massachusetts's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).
When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the Sudbury, Massachusetts court.
When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.
Can a Sudbury, Massachusetts Estate Administration Attorney Help?
If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. A Sudbury, Massachusetts attorney would be quite helpful in such a situation.