"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 Lincoln, Maine, the process will be carried out according to the directives included in the will, assuming they are legitimate and enforceable.
Most often, a will names a person to serve as executor, whose job it is to guarantee that the estate is properly administered.
The executor is normally the person who stands to inherit the most money or property from the will, since this individualn will have the greatest incentive to see the probate and administration process to completion.
What if The Will Does Not Name an Executor?
If a Lincoln, Maine will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.
Normally, the person chosen to be executor is the one who would benefit most under the will, or under Maine'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. Normally, 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 the will doesn't name a person who is to serve as executor, or the individual named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Lincoln, Maine court to be the executor.
Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be accountable 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 Lincoln, Maine 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 accomplished Lincoln, Maine lawyer who can help you navigate this sometimes-convoluted process.