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 Fairview 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 is normally whoever stands to obtain the most money or property if the will is given effect, since that is the person who likely has the most incentive to do their part in seeing that the probate process plays out to completion.

What if The Will Does Not Name an Executor?

If a will in Fairview, North Carolina is silent as to who should be the executor, it is up to the court to decide who should serve in that capacity.

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 Fairview, North Carolina to be the executor of the estate, if they wish.

Whoever is appointed to serve as executor, it is their job to act as the representative of the estate. Among other jobs, they have to account for the decedent's debts and assets, and inform any beneficiaries who might be unaware of the situation.

Can a Fairview, 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 Fairview, North Carolina attorney, the process almost always goes pretty smoothly.