When a person dies, a process recognized 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 West Point Mississippi will normally be carried out according to the instructions in the will.

Wills usually name an executor. The executor's role revolves around guaranteeing that the instructions in the will are implemented.

The person named as executor of an estate normally has some work ahead of them. To ensure that they really follow through on their commitments, most people name as executor the person who will get the most money, or other benefit, if the will is given effect as written. Because an estate can't be distributed until the administration process is complete, the executor has an incentive to see it through.

What if The Will Does Not Name an Executor?

If a will in West Point, Mississippi is silent as to who should be the executor, it is up to the court to determine who should serve in that capacity.

Normally, this will be the person who has the most to receive from the will, or who would gain the most under Mississippi'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).

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 share in the decedent's estate (either because they're named in the will or stand to inherit by intestacy) can petition a West Point, Mississippi court to be assigned executor.

Once an executor is finally named, he or she becomes responsible for serving as the living embodiment of the estate, utilizing all legal means to protect the estate's interests (such as mounting plausible legal defenses against creditors).

Can a West Point, Mississippi Estate Administration Attorney Help?

If you are the administrator of an estate, and are not a legal and/or financial professional, you might face legal or tax issues with which you are unfamiliar. A West Point, Mississippi attorney would be extremely helpful in such a situation.