"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 Bay City, Michigan, 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 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 rapidly as possible.

What if The Will Does Not Name an Executor?

If a will in Bay City, Michigan is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

This is most commonly the person who would inherit most under the will, or under the intestacy scheme of Michigan. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

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 share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Bay City, Michigan court to be assigned executor.

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 Bay City, Michigan 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 Bay City, Michigan attorney would be extremely helpful in such a situation.