"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 De Soto, 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 typically has at least some work cut out for them. This evidently raises the issue of compensation. The easiest way to ensure that the executor does his or her job is simply to appoint the person who has the most to gain from the will. That way, they cannot inherit until the process is completed.
What if The Will Does Not Name an Executor?
If the will in De Soto, 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).
When a will is silent as to who should be the executor, any person who has some direct interest in the outcome can ask to be named executor by the De Soto, Missouri court.
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 De Soto, 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 De Soto, Missouri lawyer who can help you navigate this sometimes-confusing process.