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 person who died made and executed a valid will in Hillsborough, North Carolina, the process of estate administration normally follows the procedures and instructions laid out in the will.

Commonly, the will appoints an executor whose job it is to oversee the administration of the will.

The executor typically has at least some work cut out for them. This evidently 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 a Hillsborough, North Carolina will does not name an executor, or no will exists or can be found, it's up to the local court to determine who should be the executor.

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

When a will is silent as to who should be the executor, any individual who has some direct interest in the result can ask to be named executor by the Hillsborough, North Carolina court.

Once an executor is assigned (whether by being named in the will, or on the application of another person), they "step into the shoes" of the estate, and are expected to safeguard its interests to the fullest extent possible. They further are obligated to accurately inventory the estate's debts and assets, as well as notify possible beneficiaries.

Can a Hillsborough, North Carolina 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 accomplished Hillsborough, North Carolina lawyer who can help you navigate this sometimes-complicated process.