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 Ayden North Carolina will normally be carried out according to the instructions in the will.

Most often, a will names a person to serve as executor, whose job it is to ensure that the estate is properly administered.

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 finished.

What if The Will Does Not Name an Executor?

If an Ayden, North Carolina will does not name an executor, or no will exists or can be found, it's up to the local court to decide who should be the executor.

This is usually the person who will benefit the most if the will is executed. If there is no will (a situation recognized as "intestacy"), North Carolina has a system of laws distributing the decedent's property to his or her closest living relative. In such a situation, the closest living relative has the most to gain from an orderly administration of the estate, so they will usually be appointed.

If no executor is named in the will, anyone with a stake in the will can apply to the court in Ayden, North Carolina 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 protect the estate's interests as they would their own.

Can a Ayden, North Carolina Estate Administration Attorney Help?

Some people are surprised when they find out they've been named the executor of a relative's estate. The responsibilities can seem daunting, but with the help of a brilliant Ayden, North Carolina attorney, the process almost always goes pretty smoothly.