"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 Takoma Park, Maryland, the process will be carried out according to the directives contained in the will, assuming they are valid and enforceable.

Normally, wills appoint an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is commonly 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 Takoma Park, Maryland 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 commonly the person who stands to gain the most from the will, or who would inherit the most under Maryland'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 normally 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 Takoma Park, Maryland court to be appointed executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, using all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Takoma Park, Maryland Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might face legal or tax issues with which you are unfamiliar. A Takoma Park, Maryland attorney would be extremely helpful in such a situation.