"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 has made a will in Marquette, Michigan, the process will play out according to the instructions stated in the will.

Frequently, the will appoints an executor whose job it is to oversee the administration of the will.

The executor usually has at least some work cut out for them. This apparently raises the issue of compensation. The easiest way to ensure that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is finished.

What if The Will Does Not Name an Executor?

If a Marquette, Michigan will does not appoint anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most frequently 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 control how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

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

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 Marquette, Michigan 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 efficient Marquette, Michigan lawyer who can help you navigate this sometimes-complicated process.