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

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

The executor is typically 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 Stillwater, 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.

Typically, the person chosen to be executor is the one who would benefit most under the will, or under Minnesota's intestacy laws. "Intestacy" refers to a situation in which a person dies without a will, or "dies intestate." Every state has laws to address this situation, and there isn't a lot of variation from state to state. Typically, the decedent's property will go to his or her closest relative, and if absolutely no living relatives can be found, it will go to the state.

If the will doesn't name a person who is to serve as executor, or the person named is no longer alive or cannot be found, anyone with a direct interest in the will can apply to the Stillwater, Minnesota court to be the executor.

Whoever ends up as the executor, it is their responsibility to serve as the personal representative of the estate. They will be responsible for taking account of all of the decedent's assets and debts, as well as notifying beneficiaries who may be estranged from the decedent, among other things.

Can a Stillwater, 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 knowledgeable Stillwater, Minnesota attorney, the process almost always goes pretty smoothly.