When a person dies, a process identified as "estate administration" must be carried out. This refers to all the procedures which must be followed in distributing a person's estate to their heirs or devisees.

If the decedent (the person who died) left a will, the process of estate administration in Clarksdale Mississippi will typically be carried out according to the instructions 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 frequently 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 Clarksdale, Mississippi 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 most frequently the person who stands to gain the most from the will, or who would inherit the most under Mississippi's intestacy laws. Intestacy is the system that every state has in order to deal with the property of people who die without a will. It typically distributes the property to the closest living relatives of the decedent, assuming they can be located.

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 Clarksdale, Mississippi court to be appointed 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 Clarksdale, Mississippi 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 knowledgeable Clarksdale, Mississippi wills and trusts attorney.