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

Most often, a will names a person to serve as executor, whose job it is to ensure 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 quickly as possible.

What if The Will Does Not Name an Executor?

If a Berkley, Michigan will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

Normally, this will be the person who has the most to receive from the will, or who would gain the most under Michigan'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).

If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Berkley, Michigan can apply to the court to be the 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 Berkley, Michigan Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial intricacies that may arise, an accomplished Berkley, Michigan lawyer can make this process a great deal easier.