"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 Sauk Rapids, Minnesota, the process will play out according to the instructions specified in the will.

Wills typically name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.

The executor is usually the person who stands to inherit the most money or property from the will, since this personn will have the greatest incentive to see the probate and administration process to completion.

What if The Will Does Not Name an Executor?

If the will in Sauk Rapids, 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 typically the person who will benefit the most if the will is executed. If there is no will (a situation known 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 typically be appointed.

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

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 Sauk Rapids, Minnesota Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a good Sauk Rapids, Minnesota wills and trusts attorney.