When a person dies, a process known 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 person who died made and executed a valid will in Hope Mills, North Carolina, the process of estate administration usually follows the procedures and instructions laid out in the will.
Often, the will appoints an executor whose job it is to oversee the administration of the will.
The executor generally has at least some work cut out for them. This obviously 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 completed.
What if The Will Does Not Name an Executor?
If a Hope Mills, 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.
Usually, this will be the person who has the most to gain 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).
If the will doesn't name anyone as executor, or the person who was named as executor is no longer living or cannot be found, anyone who has a direct interest in the will in Hope Mills, North Carolina can apply to the court to be the executor.
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 Hope Mills, 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 good Hope Mills, North Carolina attorney, the process almost always goes pretty smoothly.