When a person dies, a process recognized 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 Fulton Mississippi will normally be carried out according to the instructions 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 a will in Fulton, Mississippi does not name a person to serve as executor, or the decedent dies without having written a will, the court will appoint a person to act as estate administrator.

This is most commonly the person who would inherit most under the will, or under the intestacy scheme of Mississippi. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

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 Fulton, Mississippi court.

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 Fulton, Mississippi Estate Administration Attorney Help?

If you are the executor of an estate, and don't know how to handle some of the legal and financial intricacies that may arise, an accomplished Fulton, Mississippi lawyer can make this process a great deal easier.