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 Mount Olive, 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 is normally whoever stands to acquire 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 Mount Olive, North Carolina will does not assign anyone to serve as executor, or there is no will, the court has to choose someone to fill that role.

This is most commonly the person who would inherit most under the will, or under the intestacy scheme of North Carolina. Intestacy is when a person dies without having made a will, or if a will turns out to be invalid. The intestacy laws of each state govern how property is distributed in such a situation. In most states, it simply goes to the closest living relative.

If no executor is named in the will, anyone with a share in the will can apply to the court in Mount Olive, North Carolina to be the executor of the estate, if they wish.

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 Mount Olive, North Carolina Estate Administration Attorney Help?

If you have unexpectedly been appointed to be the executor of a relative's estate, and don't know how to handle this process, you should speak with a seasoned Mount Olive, North Carolina wills and trusts attorney.