"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 Utica, 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 obtain 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 Utica, Michigan does not name an executor, or the decedent left no will to be found, the court has to appoint a person to serve as the administrator of the estate.
This is most commonly the person who stands to gain the most from the will, or who would inherit the most under Michigan's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It normally distributes the property to the closest living relatives of the decedent, assuming they can be located.
If no executor is named in the will, anyone with a stake in the will can apply to the court in Utica, 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 Utica, 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 accomplished Utica, Michigan lawyer who can help you navigate this sometimes-perplexing process.