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

Typically, wills appoint 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 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 Mounds View, Minnesota 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 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 situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will normally be appointed.

In cases where the will doesn't name an executor, or the person named is unable to take on that role for whatever reason, any person who has some direct stake in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a Mounds View, Minnesota court to be appointed executor.

When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to protect the estate's interests as they would their own.

Can a Mounds View, Minnesota Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might confront legal or tax issues with which you are unfamiliar. A Mounds View, Minnesota attorney would be quite helpful in such a situation.