"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 Monticello, Minnesota, the process will play out according to the instructions stated in the will.

Typically, wills assign an executor who is responsible for overseeing the administration of the estate, and seeing that its provisions are carried out, to the extent possible.

The executor is typically 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 Monticello, Minnesota 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.

This is normally the person who will benefit the most if the will is executed. If there is no will (a situation identified as "intestacy"), Minnesota has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will normally be appointed.

If no executor is named in the will, anyone with a share in the will can apply to the court in Monticello, Minnesota to be the executor of the estate, if they wish.

Once an executor is assigned (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

Can a Monticello, Minnesota Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a reliable Monticello, Minnesota attorney, the process almost always goes pretty smoothly.