"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 Aurora, Missouri, the process will play out according to the instructions mentioned in the will.
Wills usually name an executor. The executor's role revolves around ensuring that the instructions in the will are implemented.
The executor is commonly the person who will get the most money or property out of the will if it is given effect, because this is the person who will have the greatest incentive to see that the probate process goes as quickly as possible.
What if The Will Does Not Name an Executor?
If the will in Aurora, Missouri 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.
Normally, this will be the person who has the most to receive from the will, or who would gain the most under Missouri's intestacy scheme (the system that distributes the decedent's property to his or her closest living relatives, if he or she dies without a will).
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 Aurora, Missouri court to be the executor.
Once an executor is appointed (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 protect its interests to the fullest extent possible. They also are required to accurately inventory the estate's debts and assets, as well as notify potential beneficiaries.
Can a Aurora, Missouri 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 Aurora, Missouri lawyer who can help you navigate this sometimes-difficult process.