"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 Walpole, 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 person named as executor of an estate usually has some work ahead of them. To ensure that they actually 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 Walpole, Massachusetts is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

This is typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), Massachusetts has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically be appointed.

If no executor is named in the will, anyone with a stake in the will can apply to the court in Walpole, Massachusetts to be the executor of the estate, if they wish.

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 Walpole, 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 Walpole, Massachusetts attorney, the process almost always goes pretty smoothly.