When a person dies, a process known as "estate administration" must be carried out. This refers to all the processes 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 Meridian Mississippi will usually be carried out according to the instructions in the will.
Wills typically name an executor. The executor's role revolves around guaranteeing that the instructions in the will are implemented.
The executor generally has at least some work cut out for them. This obviously raises the issue of compensation. The easiest way to guarantee 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 finalized.
What if The Will Does Not Name an Executor?
If the will in Meridian, Mississippi does not name an executor, or the decedent left no will to be found, the court has to assign a person to serve as the administrator of the estate.
This is typically the person who will benefit the most if the will is executed. If there is no will (a situation known as "intestacy"), Mississippi has a system of laws distributing the decedent's property to his or her closest living relative. In such a case, the closest living relative has the most to gain from an orderly administration of the estate, so they will typically be appointed.
If no executor is named in the will, anyone with a share in the will can apply to the court in Meridian, Mississippi to be the executor of the estate, if they wish.
When the executor is chosen, they serve as a sort of incarnation of the decedent's estate - the estate's legal interests become the executor's interests, and the executor is expected to safeguard the estate's interests as they would their own.
Can a Meridian, Mississippi 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 experienced Meridian, Mississippi lawyer who can help you navigate this sometimes-perplexing process.