"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 has made a will in Swartz Creek, Michigan, the process will play out according to the instructions mentioned in the will.

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

The executor is normally whoever stands to acquire the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If the will in Swartz Creek, Michigan does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.

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 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 Swartz Creek, Michigan 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, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a Swartz Creek, 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 Swartz Creek, Michigan attorney would be extremely helpful in such a situation.